                                 CODE OF VIRGINIA

COMMON INTEREST COMMUNITY OMBUDSMAN; APPOINTMENT; POWERS AND DUTIES (§
54.1-2354.3)

A. The Director in accordance with &#xA7; 54.1-303 shall appoint a Common
Interest Community Ombudsman (the Ombudsman) and shall establish the Office of
the Common Interest Community Ombudsman (the Office). The Ombudsman shall be a
member in good standing in the Virginia State Bar. All state agencies shall
assist and cooperate with the Office in the performance of its duties under this
article.

B. The Office shall:

   1. Assist members in understanding rights and the processes available to them
   according to the laws and regulations governing common interest communities
   and respond to general inquiries;

   2. Make available, either separately or through an existing website,
   information concerning common interest communities and such additional
   information as may be deemed appropriate;

   3. Receive notices of final adverse decisions and may either (i) refer such
   decision to the Board for further review of whether such decision is in
   conflict with laws or Board regulations governing common interest communities
   or interpretations thereof by the Board or (ii) make a determination of
   whether a final adverse decision is in conflict with laws or Board regulations
   governing common interest communities or interpretations thereof by the Board
   and promptly notify the complainant of such determination. If the Office
   determines that such conflict exists, the Office shall promptly notify the
   governing board, and if applicable the common interest community manager, of
   the association that issued the final adverse decision that such decision is
   in conflict with laws or Board regulations governing common interest
   communities or interpretations thereof by the Board. If within 365 days of
   issuing such determination the Ombudsman receives a subsequent notice of final
   adverse decision for the same violation, the Office shall refer the matter to
   the Board;

   4. Upon request, assist members in understanding the rights and processes
   available under the laws and regulations governing common interest communities
   and provide referrals to public and private agencies offering alternative
   dispute resolution services, with a goal of reducing and resolving conflicts
   among associations and their members;

   5. Ensure that members have access to the services provided through the Office
   and that the members receive timely responses from the representatives of the
   Office to the inquiries;

   6. Maintain data on inquiries received, referrals made to the Board, types of
   assistance requested, notices of final adverse decisions received, actions
   taken, and the disposition of each such matter;

   7. Upon request to the Director by (i) any of the standing committees of the
   General Assembly having jurisdiction over common interest communities or (ii)
   the Housing Commission, provide to the Director for dissemination to the
   requesting parties assessments of proposed and existing common interest
   community laws and other studies of common interest community issues;

   8. Monitor changes in federal and state laws relating to common interest
   communities;

   9. Provide information to the Director that will permit the Director to report
   annually on the activities of the Office of the Common Interest Community
   Ombudsman to the standing committees of the General Assembly having
   jurisdiction over common interest communities and to the Housing Commission.
   The Director&#8217;s report shall be filed by December 1 of each year and
   shall include a summary of significant new developments in federal and state
   laws relating to common interest communities each year; and

   10. Carry out activities as the Board determines to be appropriate.

HISTORY: 1993, c. 958, § 55-530; 1997, c. 222; 1998, c. 463; 2001, c. 816;
2008, cc. 851, 871; 2010, cc. 59, 208; 2012, cc. 481, 797; 2019, c. 712; 2023,
cc. 20, 21.