Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 48 - COMMON INTEREST COMMUNITY BOARD › Chapter 70 - COMMON INTEREST COMMUNITY OMBUDSMAN REGULATIONS › Part II - Association Complaint Procedure › Section 18VAC48-70-50 - Association complaint procedure requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The association complaint procedure shall be in writing and
					 shall include the following provisions in addition to any specific requirements
					 contained in the association's governing documents that do not conflict with
					 §
										54.1-2354.4
					 of the Code of Virginia or the requirements of this chapter.
1. The association complaint must be in
				  writing.
2. A sample of the form,
				  if any, on which the association complaint must be filed shall be provided upon
				  request.
3. The association
				  complaint procedure shall include the process by which complaints shall be
				  delivered to the association.
4.
				  The association shall provide written acknowledgment of receipt of the
				  association complaint to the complainant within seven days of receipt. Such
				  acknowledgment shall be hand delivered or mailed by registered or certified
				  mail, return receipt requested, to the complainant at the address provided, or
				  if consistent with established association procedure, by electronic means
				  provided the sender retains sufficient proof of the electronic
				  delivery.
5. Any specific
				  documentation that must be provided with the association complaint shall be
				  clearly described in the association complaint procedure. In addition, to the
				  extent the complainant has knowledge of the law or regulation applicable to the
				  complaint, the complainant shall provide that reference, as well as the
				  requested action or resolution.
6.
				  The association shall have a reasonable, efficient, and timely method for
				  identifying and requesting additional information that is necessary for the
				  complainant to provide in order to continue processing the association
				  complaint. The association shall establish a reasonable timeframe for
				  responding to and for the disposition of the association complaint if the
				  request for information is not received within the required
				  timeframe.
7. Notice of the date,
				  time, and location that the matter will be considered shall be hand delivered
				  or mailed by registered or certified mail, return receipt requested, to the
				  complainant at the address provided or, if consistent with established
				  association procedure, delivered by electronic means, provided the sender
				  retains sufficient proof of the electronic delivery, within a reasonable time
				  prior to consideration as established by the association complaint
				  procedure.
8. After the final
				  determination is made, the written notice of final determination shall be hand
				  delivered or mailed by registered or certified mail, return receipt requested,
				  to the complainant at the address provided or, if consistent with established
				  association procedure, delivered by electronic means, provided the sender
				  retains sufficient proof of the electronic delivery, within seven
				  days.
9. The notice of final
				  determination shall be dated as of the date of issuance and include specific
				  citations to applicable association governing documents, laws, or regulations
				  that led to the final determination, as well as the registration number of the
				  association. If applicable, the name and license number of the common interest
				  community manager shall also be provided.
10. The notice of final determination shall
				  include the complainant's right to file a Notice of Final Adverse Decision with
				  the Common Interest Community Board via the Common Interest Community Ombudsman
				  and the applicable contact information.
Statutory Authority: §§
												54.1-2349
						and
						54.1-2354.4
						of the Code of Virginia.