The Virginia CIC Board Complaint Procedure
QUESTION:
The complaints/Ombudsman procedure seems to be flawed from its inception - its decision is non-binding - so what is the point? Even if they decide in favor of the complainant, its non-binding, and there is no other remedy, except perhaps a civil suit. This SHOULD have been a way to resolve conflicts and irregularities without resorting to litigation. My association has a rogue Board, and this complaint procedure will do nothing to ensure compliance with the regulations, by-laws, etc.
ANSWER:
Thanks for writing us. It is non-binding because the legislature, in passing this law, knew that all the relevant facts may not be presented by an inquirer and the state is not intending to provide free arbitration service or free binding legal advice to the public on these issues which could take a significant amount of time in many cases. There is only one Ombudsman. You presume that a decision is made but it is not. The concept is to provide some guidance to homeowners with issues so that they can take the info back their communities and boards and hopefully get quicker resolution because of the info and guidance provided by the Ombudsman. As you are likely aware the State has some budgetary issues to deal with at the moment and you are fortunate the Ombudsman position was created last year before it was clear how significant those issues would be. Binding opinions or decisions are provided by judges after a full and complete hearing with all parties present.