Presentation on theme: "The Office of the Common Interest Community Ombudsman"— Presentation transcript:
1 The Office of the Common Interest Community Ombudsman Heather GillespieCommon Interest Community Ombudsman2013 Homeowner & Condominium AssociationLeadership Seminar - October 25, 2013
2 Back to the BasicsThe Office of the Common Interest Community Ombudsman…Manager Embezzlement – CICBLegislatorsAnomaly at DPORAnnual Report to General Assembly
3 Basic Questions True or False The Ombudsman is an advocate for association ownersThe Ombudsman is a resource for association owners onlyThe Ombudsman interprets the law and governing documents for association ownersThe Ombudsman can provide mediation for conflicts that arise within an associationAll association owner complaints should be submitted through the Association Complaint Process
4 The Complaint Process (Cliffs Notes Version) (Almost) All associations must have a written complaint procedureAssociations must review complaintsAssociations must issue a final decisionIf decision is adverse, complainant may “appeal” to CIC Ombudsman
5 Definition Association Complaint: A written complaint filed by a member of the association or citizen pursuant to an association complaint procedure. An association complaint shall concern a matter regarding the action, inaction, or decision by the governing board, managing agent, or association inconsistent with applicable laws and regulations.
6 The Complaint Process (slightly abridged) All common interest community associations MUST have a complaint process (No template available).September 28, 2012In writingReadily available to members and citizensSample form (Template available)90 daysDisclosure packet/Resale certificateAnnual certificationDon’t forget §55-530
8 The Complaint Process (unabridged) 18VACProvide written acknowledgement – 7 daysMethod for identifying/requesting additional informationDate, time, location of hearing – reasonable time prior to consideration of complaintWritten notice of final determination – 7 daysInclude proper information on determinationRegistration # of associationComplainant’s right to file NFAD
9 Final DeterminationThe complaint procedure shall result in a final determination that may be a Final Adverse Decision. A Final Adverse Decision isA final determination from the association,Where all avenues for appeal (if any) have been exhausted, andThe determination is adverse to what complainant sought, and itProvides the complainant the right to submit a Notice of Final Adverse Decision to the Office of the CIC Ombudsman
11 Notice of Final Adverse Decision One more bite of the apple…Complainant must submit Notice of Final Adverse Decision to Ombudsman office on CICB formsWithin 30 days of notice of final determination by the associationInclude a copy of complaint and all other documentationA $25 filing fee or “Request for Waiver”Do NOT provide additional commentary
12 Subject Matter Is the final adverse decision IN CONFLICT WITH LAWS OR REGULATIONS GOVERNING COMMON INTERST COMMUNITIES OR INTERPRETATIONS THEREOF BY THE BOARD (CIC BOARD)?
13 Review of Final Adverse Decision After receipt of properly submitted Notice of Final Adverse Decision by the OCICO:A copy of the NFAD will be sent to the association, and acknowledgement sent to ComplainantThe NFAD will be reviewed by the CIC OmbudsmanThe Ombudsman may provide information to association or complainant, in her sole discretionThe decision made by the Ombudsman is finalThe decision is not subject to further reviewThe decision is non-bindingThe matter may be referred to the CICB for further action.
14 Referral to the CIC Board The CIC Board has the authority toFile Suit,Intervene,Issue a Consent Order,Issue a Cease and Desist Order, andAssess Monetary Penalties
15 No Complaint Procedure? On a very few occasions, a complaint can be submitted directly to the OmbudsmanIf the association does not have a complaint procedure in placeIf the association does not respond to a submitted complaint in the reasonable timeframeIf the complaint is related to a violation of the CIC Manager Regulations
16 Office of the Common Interest Contact InformationOffice of the Common InterestCommunity OmbudsmanDPOR9960 Mayland Drive, Suite 400Richmond, VA(804)Website:Regulatory: