Speakers Outline a Process for Resolution of Issues with ‘Common Interest Communities’

On Thursday, March 31, the NVAR Public Policy Committee welcomed representatives from the Virginia Department of Professional and Occupational Regulation (DPOR) to discuss the regulation of Common Interest Communities (CICs), which include property owners’ associations (POAs), condo associations and time-shares. Heather Gillespie, CIC ombudsman, and Trisha Henshaw, Executive Director of the CIC Board, discussed the duties of their respective offices and answered member questions during the well-received public policy forum.

Gillespie opened the program by explaining the role of the CIC Ombudsman office. Virginia law directs the office to provide assistance and information to association members regarding the rights and processes available to them through their associations. “The primary responsibility of the [Ombudsman] is to assist anybody who has a question or concern about CIC law,” Gillespie said. “I can’t solve every problem, and I am not an advocate for home owners or community associations. I am neutral, and I can’t provide legal advice.” 

The Ombudsman also receives complaints and notices of final adverse decisions from individuals who believe an association violated CIC laws or regulations.

The complaint procedure cannot begin until complainants have proceeded through their own association’s documented complaint process. By law, POAs and Condo Associations must have an established complaint procedure, and they must respond and provide a final determination.  

After individuals have proceeded through their association’s complaint process, the Ombudsman may issue an opinion, but does not have enforcement authority. Enforcement is the responsibility of the CIC Board.

Henshaw explained that in 2008 the CIC Board was created in order to regulate and license CIC managers and employees, and to register the community associations. The CIC Board has disciplinary authority to issue fines, suspend or revoke licenses, issue cease and desist letters or injunctions, or to revoke an association’s registration.  However, if the community manager of an association is a real estate licensee, then disciplinary authority belongs to the VREB.

In closing, Henshaw noted that complaints of an association manager violating CIC Board regulations should be filed through the DPOR complaint form and not through the Ombudsman.

Given the number of questions posed by attendees, plans are in the works for a future forum or event featuring the CIC speakers.

To download the March 31 PowerPoint presentations, please visit go.nvar.com/cicppt