Virginia Regulatory Town Hall
Agency
Department of Professional and Occupational Regulation
 
Board
Common Interest Community Board
 
chapter
Common Interest Community Ombudsman Regulations [18 VAC 48 ‑ 70]
Action CIC Ombudsman Regulations
Stage Proposed
Comment Period Ended on 3/18/2011
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1/24/11  9:45 am
Commenter: Richard Hart, owner in a VPOA

Failure to comply with non-binding violation determination carries risk
 

Add (underlined), following last sentenceThe determination of the director shall not be binding upon the complainant or the association that made the final adverse decision.  However, if it appears that any governing board has engaged, is engaging, or is about to engage in any act or practice in violation of Chapters 4.2, 21, 24, or 26 of Title 55, or any of the Board's regulations or orders, the Board without prior administrative proceedings may issue a cease and desist order or bring suit in the appropriate court to enjoin that act or practice or for other appropriate relief.

Rationale:  To enhance the effectiveness of the association complaint remediation procedure, it should be made clear that non-compliance with the director's finding of a violation, while technically non-binding, does not excape exposure to the remedial actions available in 54.1-2351 / 2352: General powers and duties of [CIC] Board concerning associations / Cease and desist orders, as well as 18VAC48-50-190.A.1 Prohibited acts.

CommentID: 14937