1. The Office of the Common Interest Community Ombudsman
Heather Gillespie
Common Interest Community Ombudsman
2013 Homeowner & Condominium Association
Leadership Seminar - October 25, 2013

2. Back to the Basics
The Office of the Common Interest Community Ombudsman…
Manager Embezzlement – CICB
Legislators
Anomaly at DPOR
Annual Report to General Assembly

3. Basic Questions True or False
The Ombudsman is an advocate for association owners
The Ombudsman is a resource for association owners only
The Ombudsman interprets the law and governing documents for association owners
The Ombudsman can provide mediation for conflicts that arise within an association
All 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 procedure
Associations must review complaints
Associations must issue a final decision
If 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, 2012
In writing
Readily available to members and citizens
Sample form (Template available)
90 days
Disclosure packet/Resale certificate
Annual certification
Don’t forget §55-530

7. Complaint Form Template

8. The Complaint Process (unabridged)
18VAC
Provide written acknowledgement – 7 days
Method for identifying/requesting additional information
Date, time, location of hearing – reasonable time prior to consideration of complaint
Written notice of final determination – 7 days
Include proper information on determination
Registration # of association
Complainant’s right to file NFAD

9. Final Determination
The complaint procedure shall result in a final determination that may be a Final Adverse Decision. A Final Adverse Decision is
A final determination from the association,
Where all avenues for appeal (if any) have been exhausted, and
The determination is adverse to what complainant sought, and it
Provides the complainant the right to submit a Notice of Final Adverse Decision to the Office of the CIC Ombudsman

10. The Flowchart Version

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 forms
Within 30 days of notice of final determination by the association
Include a copy of complaint and all other documentation
A $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 Complainant
The NFAD will be reviewed by the CIC Ombudsman
The Ombudsman may provide information to association or complainant, in her sole discretion
The decision made by the Ombudsman is final
The decision is not subject to further review
The decision is non-binding
The matter may be referred to the CICB for further action.

14. Referral to the CIC Board
The CIC Board has the authority to
File Suit,
Intervene,
Issue a Consent Order,
Issue a Cease and Desist Order, and
Assess Monetary Penalties

15. No Complaint Procedure?
On a very few occasions, a complaint can be submitted directly to the Ombudsman
If the association does not have a complaint procedure in place
If the association does not respond to a submitted complaint in the reasonable timeframe
If the complaint is related to a violation of the CIC Manager Regulations

16. Office of the Common Interest
Contact Information
Office of the Common Interest
Community Ombudsman
DPOR
9960 Mayland Drive, Suite 400
Richmond, VA
(804)
Website:
Regulatory: