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Virginia Homeowner and Condominium Association Complaint Procedures must be adopted by September 29, 2012

We blogged about the 4 things your HOA needs to know about Virginia’s complaint process, and provided some guidance for Implementing an HOA Complaint Procedure. Now, the Common Interest Community Ombudsman has approved final regulations for the required Complaint Procedure. The Ombudsman Regulations are effective July 1, 2012, which means that community associations have until September 29, 2012 to adopt a Complaint Procedure.

This blog post summarizes the new regulations.

What is a Complaint Procedure?

It is a written process adopted by an association’s board of directors that sets forth the associations procedures for receiving and considering association complaints from members and citizens.

What are Association complaints?

Association complaints are complaints by members or citizens about an action, inaction, or decision by the governing board, managing agent, or association that is inconsistent with applicable laws and regulations.

Why is an association required to have a Complaint Procedure?

It is required by statute. In 2009, Va. Code Ann. 55-530 established the Common Interest Community Ombudsman. The legislation required associations to implement a Complaint Procedure pursuant to regulations. The regulations are the Ombudsman Regulations that were recently finalized.

Our association has used the Complaint Form, do we need to do anything else?

Yes. The statute and the Ombudsman Regulations require the association to have a Complaint Procedure and a Complaint Form. The Complaint Procedure is a policy that sets forth the details on they types of complaints covered by the statute, the process for handling the complaints, and the involvement of the Ombudsmen in the process. The Complaint Procedure must comply with the statute, the regulations, and the governing documents for the association. Having a detailed Complaint Procedure is also helpful to the association’s board of directors and members as it educates both on the process and on what their responsibilities are under the process.

Is the Complaint Procedure required for both condominium and property owners’ associations?

Yes.

Don’t delay; contact your Association Attorney now to draft your Complaint Procedure…September 29, 2012 is just around the corner!

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

Susan Tarley

Susan chairs the firm's common interest community (HOAs and Condos) practice area. She was admitted into the College of Community Association Attorneys (“CCAL”). Susan is one of fewer than 150 attorneys nationwide to be admitted to CCAL, for distinguishing herself through contributions to the evolution or practice of community association law.

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Filed under: Common Interest Community, HOA, HOA litigation, Real Estate Strategies, Unit Owners Association, Weekly Tweets by Susan Tarley

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