Virginia Law

The association complaint procedure must be in writing and include the following provisions in addition to any specific requirements contained in the governing documents that do not conflict with § 54.1-2354.4 of the Code of Virginia or the requirements of this chapter.

1. The association complaint must be in writing.

2. A sample of the form, if any, on which the association complaint must be filed will be provided upon request.

3. The association complaint procedure must include the process by which complaints are delivered to the association.

4. The association complaint procedure must include contact information for the Office of the Common Interest Community Ombudsman in accordance with § 54.1-2354.4 of the Code of Virginia.

5. The association must provide written acknowledgment of receipt of the association complaint to the complainant within 14 days of receipt. The acknowledgment will be hand delivered, mailed, or delivered by third-party courier with proof of delivery to the complainant at the address provided, or by electronic means, unless prohibited by the governing documents, provided the association retains sufficient proof of the electronic delivery.

6. Any specific documentation that must be provided with the association complaint must be clearly described in the association complaint procedure. In addition, to the extent the complainant has knowledge of the law or regulation applicable to the complaint, the complainant will provide that reference.

7. The association must have a reasonable, efficient, and timely method for identifying and requesting any additional information from the complainant that is necessary to continue processing the association complaint. The association will establish a reasonable timeframe for responding to and for the disposition of the association complaint if the request for information is not received within the required timeframe.

8. Notice of the date, time, and location that the matter will be considered will be hand delivered, mailed, or delivered by third-party courier with proof of delivery to the complainant at the address provided or delivered by electronic means, unless prohibited by the governing documents, provided the association retains sufficient proof of the electronic delivery at least 14 days, unless otherwise agreed to in writing, prior to consideration as established by the association complaint procedure.

9. After the final determination is made, the written notice of final determination will be hand delivered, mailed, or delivered by third-party courier with proof of delivery to the complainant at the address provided or delivered by electronic means, unless prohibited by the governing documents, provided the association retains sufficient proof of the electronic delivery, within seven days.

10. The notice of final determination must be dated as of the date of issuance and include specific citations to common interest community laws or regulations that led to the final determination, as well as the registration number of the association. If applicable, the name and license number of the common interest community manager must also be provided.

11. The notice of final determination must include the complainant's right to file a notice of final adverse decision with the Common Interest Community Ombudsman and the applicable contact information.

12. An appeal process, if applicable, must be set out in an association complaint procedure, including relevant timeframes for filing the request for appeal. If no appeal process is available, the association complaint procedure must indicate that no appeal process is available and that the rendered decision is final.