                                 CODE OF VIRGINIA

ASSOCIATION COMPLAINT PROCEDURES; FINAL ADVERSE DECISIONS (§ 54.1-2354.4)

A. The Board shall establish by regulation a requirement that each association
shall establish reasonable procedures for the resolution of written complaints
from the members of the association and other citizens. Each association shall
adhere to the written procedures established pursuant to this subsection when
resolving association member and citizen complaints. The procedures shall
include the following:

   1. A record of each complaint shall be maintained for no less than one year
   after the association acts upon the complaint.

   2. Such association shall provide complaint forms or written procedures to be
   given to persons who wish to register written complaints. The forms or
   procedures shall include the address and telephone number of the association
   or its common interest community manager to which complaints shall be directed
   and the mailing address, telephone number, and electronic mailing address of
   the Office. The forms and written procedures shall include a clear and
   understandable description of the complainant&#8217;s right to give notice of
   adverse decisions pursuant to this section.

B. A complainant may give notice to the Ombudsman of any final adverse decision
in accordance with regulations promulgated by the Board. The notice shall be
filed within 30 days of the final adverse decision, shall be in writing on forms
prescribed by the Board, shall include copies of all records pertinent to the
decision, and shall be accompanied by a $25 filing fee. The fee shall be
collected by the Director and paid directly into the state treasury and credited
to the Common Interest Community Management Information Fund pursuant to &#xA7;
54.1-2354.2. The Board may, for good cause shown, waive or refund the filing fee
upon a finding that payment of the filing fee will cause undue financial
hardship for the member. The Ombudsman shall provide a copy of the written
notice to the governing board, and if applicable the common interest community
manager, of the association that made the final adverse decision.

C. The Director or his designee may request additional information concerning
any notice of final adverse decision from the association that made the final
adverse decision. The association shall provide such information to the Director
within a reasonable time upon request. If the Director upon review determines
that the final adverse decision may be in conflict with laws or regulations
governing common interest communities or interpretations thereof by the Board,
the Director shall provide the complainant and the governing board, and if
applicable the common interest community manager, of the association with
information concerning such laws or regulations governing common interest
communities or interpretations thereof by the Board. The determination of
whether the final adverse decision may be in conflict with laws or regulations
governing common interest communities or interpretations thereof by the Board
shall be final and not subject to further review. If within 365 days of issuing
a determination that an adverse decision is in conflict with laws or Board
regulations governing common interest communities or interpretations thereof by
the Board the Director receives a subsequent notice of final adverse decision
for the same violation, the Director shall refer the repeat violation to the
Board, which shall take action in accordance with &#xA7; 54.1-2351 or 54.1-2352,
as deemed appropriate by the Board.

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.