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    The Greater Williamsburg area is an exciting place to live and work, especially because of the large number of entrepreneurs who have built businesses from the ground up. These entrepreneurs have taken their passion and made it their profession. Many of us want to take that step. Before you begin, you need to think of the type of business entity you want to form. Our attorneys have extensive business experience, from small one-person companies to publicly traded major corporations. Our attorneys are among the leaders in Virginia in the representation of Common Interest Communities. These communities are generally referred to as "homeowners associations," or "HOAs," and "condominium associations." In the greater Williamsburg area alone, we provide legal assistance to nearly 100 associations. Our attorneys have successfully prosecuted and defended a wide array of civil disputes involving community association covenant enforcement, commercial transactions, construction disputes, contracts, real estate matters, boundary line and easement disputes, employment matters, antitrust litigation, copyright violations, administrative proceedings, and estate issues. Real Estate law encompasses a wide variety of matters, and our attorneys have vast experience to assist you. Whether you need assistance with a commercial or residential closing, or you have questions relating to residential or commercial leasing, we provide experienced advice and counsel to our clients. Zoning law can be a complicated maze of statutes and ordinances. We have ample experience in successful applications for rezoning, variance, and special use permit requests. Finally, commercial and residential construction provide special challenges with respect to financing issues and the construction process. We serve as counsel to various financial institutions.

4 things your HOA needs to know about Virginia’s complaint process

In 2008, Virginia enacted legislation requiring condominium and property owners’ associations to establish reasonable procedures for resolving member and citizen complaints. The legislation further required the Common Interest Community Board (the “CICB”) to establish regulations for the associations to govern the complaint process.

 

What does this mean for your association? You will need to establish, or amend, your written procedures to comply with the regulations.

1. The regulations require associations to establish a written process for resolving complaints. The written process must (i) address how claims will be delivered to the association; (ii) require the association to acknowledge the complaint; (iii) require the association to establish a reasonable method to identify and request additional information from the complainant to process the complaint; (iv) require the association to provide notice to the complainant of when the complaint will be considered and notice of the final decision by the association.

2. Associations will be required to certify with each annual report filing that it has adopted a complaint procedure, and will be required to remind its members on an annual basis of the complaint procedure. The complaint procedure will have to be included as an attachment to the resale certificate or disclosure packet.

3. What if an association fails to adopt complaint procedures? The CICB will enforce the regulations by issuing orders to the association, filing suit or assessing monetary penalties not to exceed $1,000 per violation.

4. How soon does an association need to have its complaint procedures in place? The regulations require an association registered with the CICB to establish and adopt its complaint procedure within 90 days of the effective date of the regulations. Our advice is that you should establish a procedure now. By establishing your procedures now, the association can start using a process, prior to the deadline established by the CICB, and determine whether it works. The process can be tweaked to address any inefficiencies or ineffectiveness.

Contact your association attorney to review your current complaint procedure or to assist in drafting and implementing your complaint procedures.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

Susan Tarley

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, General Interest, HOA, Real Estate Strategies, Susan B. Tarley by Susan Tarley

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