Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 70 - COMMON INTEREST COMMUNITY OMBUDSMAN REGULATIONS › Part I - General › Section 18VAC48-70-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
Section
					 54.1-2345 of the Code
					 of Virginia provides definitions of the following terms and phrases as used in
					 this chapter:
Association
Board
Common interest community
Declaration
Governing board
Lot
Section 55. 1-1900 of the Code of Virginia provides
					 definition of the following term as used in this chapter:
Condominium instruments
The following words, terms, and phrases, when used in this
					 chapter, shall have the following meanings unless the context clearly indicates
					 otherwise.
"Adverse decision" or "final adverse decision" means the
					 final determination issued by an association pursuant to an association
					 complaint procedure that is opposite of, or does not provide for, either wholly
					 or in part, the cure or corrective action sought by the complainant. Such
					 decision means all avenues for internal appeal under the association complaint
					 procedure have been exhausted. The date of the final adverse decision shall be
					 the date of the notice issued pursuant to subdivisions 8 and 9 of
					 18VAC48-70-50.
"Association complaint" means a written complaint filed by
					 a member of the association or a 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.
"Association complaint procedure" means the written process
					 adopted by an association to receive and consider association complaints from
					 members and citizens. The complaint procedure shall include contact information
					 for the Office of the Common Interest Community Ombudsman in accordance with
					 §
										54.1-2354.4
					 of the Code of Virginia. An appeal process, if applicable, shall be set out in
					 an association complaint procedure adopted by the association, including
					 relevant timeframes for filing the request for appeal. If no appeal process is
					 available, the association complaint procedure shall indicate that no appeal
					 process is available and that the rendered decision is final.
"Association governing documents" means collectively the
					 applicable organizational documents, including the current and effective (i)
					 articles of incorporation, declaration, and bylaws of a property owners'
					 association, (ii) condominium instruments of a condominium, and (iii)
					 declaration and bylaws of a real estate cooperative, all as may be amended from
					 time to time. Association governing documents also include, to the extent in
					 existence, resolutions, rules and regulations, or other guidelines governing
					 association member conduct and association governance.
"Complainant" means an association member or citizen who
					 makes a written complaint pursuant to an association complaint
					 procedure.
"Director" means the Director of the Department of
					 Professional and Occupational Regulation.
"Record of complaint" means all documents, correspondence,
					 and other materials related to a decision made pursuant to an association
					 complaint procedure.
Statutory Authority: §§
												54.1-2349
						and
						54.1-2354.4
						of the Code of Virginia.