RD391 - Department of Professional and Occupational Regulation Report on the Office of the Common Interest Community Ombudsman - 2008


Executive Summary:
Background
The General Assembly created the Office of the Common Interest Community Ombudsman, at the Department of Professional and Occupational Regulation, during the 2008 Session.(*1) Previously, the Department’s Common Interest Community Liaison served as an information resource for issues concerning condominiums, property owners’ associations, timeshares and cooperatives.

Upon the July 1, 2008, effective date of the new legislation, the Department initiated the competitive hiring process for the Ombudsman and a Complaint Analyst position, located in the Compliance and Investigations Division. (The Common Interest Community Board established by Chapter 23.3 of the Code of Virginia operates within the Department’s Licensing and Regulation Division). The Office was fully staffed beginning on September 18, 2008.

Statutory Authority
Section 55-530 of the Code provides the statutory authority for the Office of the Common Interest Community Ombudsman. The Office shall:

1. Assist members in understanding their rights and the processes available to them according to the declaration and bylaws of the association;

2. Answer inquiries from members and other citizens by telephone, mail, electronic mail, and in person;

3. Provide to members and other citizens information concerning common interest communities upon request;

4. Make available, either separately or through an existing Internet website utilized by the Director, information as set forth in subdivision 3 and such additional information as may be deemed appropriate;

5. Receive the notices of complaint filed;

6. In conjunction with complaint and inquiry data maintained by the Director, maintain data on inquiries received, the types of assistance requested, notices of complaint received, any actions taken, and the disposition of each such matter;

7. Upon request, assist members in using the procedures and processes available to them in the association, including nonbinding explanations of laws or regulations governing common interest communities or interpretations thereof by the Board, and referrals to public and private agencies offering alternative dispute resolution services, with a goal of reducing and resolving conflicts among associations and their members. Such assistance may require the review of the declaration and other records of an association. An association shall provide such information to the Office of the Common Interest Community Ombudsman within a reasonable time upon request;

8. Ensure that members have access to the services provided through the Office of the Common Interest Community Ombudsman and that the members receive timely responses from the representatives of the Office of the Common Interest Community Ombudsman to the inquiries;

9. Upon request to the Director by (i) any of the standing committees of the General Assembly having jurisdiction over common interest communities or (ii) the Housing Commission, provide to the Director for dissemination to the requesting parties assessments of proposed and existing common interest community laws and other studies of common interest community issues;

10. Monitor changes in federal and state laws relating to common interest communities;

11. Provide information to the Director that will permit the Director to report annually on the activities of the Office of the Common Interest Community Ombudsman to the standing committees of the General Assembly having jurisdiction over common interest communities and to the Housing Commission. The Director’s report shall be filed by December 1 of each year, and shall include a summary of significant new developments in federal and state laws relating to common interest communities each year; and

12. Carry out activities as the Board determines to be appropriate.

In accordance with the statutory requirement, this document reports on the activities of the Office of the Common Interest Community Ombudsman. Reflecting the time at which the Office became fully staffed, the report covers the period from September 18, 2008, to November 24, 2008.
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(*1) House Bill 516/Senate Bill 301 (2008)