18VAC48-70-10/120

"An association complaint shall concern a matter regarding action, inaction, or decision by a governing board, managing agent, or association inconsistent with applicable laws and regulations".  If a governing board has been found to have violated any of the specified chapters of Title 55 and employs a licensed managing agent (regulant), a concurrent violation of CIC Manager Regulation 18VAC48-50-190 Prohibited Acts also may have occurred, unless the managing agent advised the governing board of his/her objection and contemporaneously documented the making of such objection:

A. The following acts are prohibited and any violation may result in disciplinary action by the board:  1. Violating, inducing another to violate, or cooperating with others to violate any of the provisions of any of the regulations of the board or Chapters 23.3 of Title 54.1 of the Code of Virginia, Chapters 4.2, 24, 26, or 29 of Title 55, or engaging in any acts enumerated in 54.1-102 and 54.1-111 of the Code of Virginia.

Clearly, the director's determination of a violation of law under the Ombudsman Regulations is not intended to inhibit the CICB from exercising its powers and duties under 54.1-2351, 54.1-2352, or 18VAC48-50-190.A.1.  Therefore, these sections of the law and CIC Manager Regulaions should be referenced in CIC Ombudsman Regulations 18VAC48-70-120 (the "shall no be binding" paragraph) to clearly advise of the potential for such follow-on action if the governing board fails to correct a violation of Virginia law determined by the director.

Additionally, the Ombudsman's office could use its Education and Outreach program to explain these additional actions available to he director, emphasizing that there are consequences to continued violation of virginia law.  Such information would likely quell some of the ongoing association member dissatisfaction referred to in the Ombudsman's 2009-2010 Annual Report:

http://www.dpor.virginia.gov/dporweb/DPOR_CIC_Ombudsman_Annual_Report_2009-10.pdf