In 2008, the General Assembly created the Office of the Common Interest Community Ombudsman (“Office"), and the Common Interest Community Board (“CICB"), at the Department of Professional and Occupational Regulation (“DPOR"). In accordance with statutory requirements, this document reports on the activities of the Office for the period from November 1, 2023, through October 31, 2024.

The Office, like last year, continues to experience a high number of inquiries as well as complaints, including Notices of Final Adverse Decision (NFAD). The high volume of emails and phone calls keeps the Office extremely busy, as most contacts require review, research, and/or lengthy discussions of issues.

Like past years, many associations continue to struggle to adopt association complaint procedures and to respond to submitted association complaints in a manner that fully complies with the Common Interest Community Ombudsman Regulations (Regulations) that were adopted in 2012. As a result, the Office dedicates significant resources to aiding and encouraging associations to obtain compliance and implement a proper complaint process that ensures association members know how to file complaints with their associations and when to expect to receive decisions by their association Boards.

Establishing a proper complaint process is not a difficult task. Nonetheless, many associations, whether professionally managed or not, continue to have difficulty carrying out the required steps of the process. The complaint process components are straightforward. First, the association must establish a complaint form and a submission process in accordance with the regulatory guidance. Once those are shared with the association members, the complaint process requires three actions from the association: (1) acknowledge receipt of a complaint within seven days of receiving a properly submitted association complaint; (2) provide the complainant with the notice of the date, time, and location that the matter will be considered by the association; and (3) provide a final decision on the complaint that comports with regulatory requirements. The Office, as it has in past years, offers explanations and resources to associations and their members regarding the complaint process and the expectations placed on an association by the Regulations, 18 VAC 48-70-50.

Similarly, the Office continues to see many association NFADs that do not comply with regulations. Typically, these noncompliant NFADS omit multiple required components of an NFAD as specified in the regulations, such as: (1) Date of issuance; (2) Specific citations to applicable association governing documents, laws or regulations that support the final determination; (3) The association’s registration number; (4) The name and license number of the common interest community manager, if applicable; (5) The complainant’s right to file a Notice of Final Adverse Decision with this Office; and (6) The necessary contact information of this Office. Regulations, 18 VAC 48-70-50. A properly drafted Notice of Final Adverse Decision could reduce the growing numbers of complaints to the office. It could also satisfy some complainants or inform them that they do not have a common interest community complaint.

This past year, the Office did not refer any matter to the Common Interest Community Board for enforcement. The Office referred three cases for investigation, but those matters were resolved without any further action.