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  3:52 pm
Commenter: Greg Mathieson, Sr. Member VA Run HOA

Part II Association Complaint Procedure
 

This regulation needs to be amended to not allow for the "digital" or "electronic" dissemination and response to a complaint by the Homeowners Association (HOA) in that may HOA have members of retirement age and as such many are do not have internet services or understand the workings of the internet.  As such, these members are being left out of the process if the HOA so chooses to only respond via electronic methods. We recommend that of the time being all complaints and responses be in a hard copy form.  Additionally, give the VPOAA, it should be directed that all complaints filed be a matter of public record via the a means by which the entire community of the HOA, can see the complaint.   All complaints, responses and action, should also be a matter of pubic record for those who may wish to purchase a home and become a member of that HOA of which complaints may have have on file.  Many HOAs, at times wish to keep their complaints private within the community and not disclose them.  this does a disservice to those wishing to purchase or become members, but not disclosing all the facts of the HOA on record.

Additionally, the Ombudsman should have some form of enforcement role where by if the HOA does not comply with the VA regulations, that a fine be imposed and collected by the Commonwealth, though the Ombudsman's office.  Merely allowing for the complainant to take the HOA to court does not serve the homeowners fairly in that the HOA is in a position to spend members funds to fight any actions, where a member may not have those resources and in fact is also paying the HOA via dues to fight them in a court of law.

CommentID: 14938