We have observed that there are some association boards which are not aware of a distinction between state law requirements and necessary internal procedures for complaints. In this article we distinguish between the process to be followed for a complaint concerning a violation of state law or regulations vs. a complaint about the actions of
Many board members and managers may not be aware that the Property Owners’ Association Act (“POAA”) requires that an association’s board of directors provide a member due process prior to taking action against that member in court.
Specifically, §55.1-1819 of the POAA and § 55.1-1959 of the Condominium Act require that if a board of directors believes a member may be violating its covenants or rules and regulations, the board must provide the member notice of the violation, and a reasonable opportunity to correct the alleged violation. If the member fails to correct violation after receiving the notice, the board must then provide the member an opportunity to present his or her position on the violation where the member may elect to be represented by counsel. This opportunity is commonly referred to as a due process hearing. In both of the Acts the Association governing documents must have adopted the provisions of these sections before they may be utilized to assess charges or suspend an owner’s right to utilize facilities or services.
Continue Reading Provide Members Due Process Prior to Suing in Court
Since 2012, all associations have been required by Virginia law to have a complaint procedure in place so that owners have a way to submit written complaints to their association board of directors. The Common Interest Community Ombudsman Regulations provide specific ways in which associations must deal with owner complaints and time frames for responding to owner’s written complaints. These Regulations also provide a means for owners to submit certain complaints to the CIC Board Ombudsman when an association has either not responded to an owner’s complaint or the association has responded with a written determination that denies the corrective action sought by the owner (known as a “Final Adverse Decision”). …
Continue Reading WHEN CAN OWNERS SUBMIT A COMPLAINT TO THE COMMON INTEREST COMMUNITY (CIC) BOARD?