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The Office of the Common Interest Community Ombudsman

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

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The Office of the Common Interest Community Ombudsman

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  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) • 18VAC48-70-50 • 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. Contact Information Office of the Common Interest Community Ombudsman DPOR 9960 Mayland Drive, Suite 400 Richmond, VA 23233 (804) 367-2941 Email: cicombudsman@dpor.virginia.gov Website: www.dpor.virginia.gov Regulatory: www.townhall.virginia.gov

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