Part II. Association Complaint Procedure
18VAC48-70-30. Requirement for association to develop an association complaint procedure.
In accordance with § 54.1-2354.4 of the Code of Virginia, each association will have a written process for resolving association complaints from members and citizens. The association complaint procedure will conform with the requirements set forth in § 54.1-2354.4 of the Code of Virginia and this chapter, as well as the association governing documents, which must not be in conflict with § 54.1-2354.4 of the Code of Virginia or this chapter.
Statutory Authority
§§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 36, Issue 6, eff. December 11, 2019; Volume 41, Issue 23, eff. August 1, 2025.
18VAC48-70-40. Establishment and adoption of written association complaint procedure.
A. Associations filing an initial application for registration pursuant to § 55.1-1835, 55.1-1980, or 55.1-2182 of the Code of Virginia must certify that an association complaint procedure has been established and adopted as of the date of registering or within 90 days of registering with the board.
B. An association that has been delinquent in registering the association and filing its required annual reports is still required to have an established and adopted written association complaint procedure. At the time such an association files an application for registration, it must certify that an association complaint procedure has been established and adopted by the governing board.
C. The association will certify with each annual report filing that the association complaint procedure has been adopted and is in effect.
Statutory Authority
§§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 33, Issue 15, eff. May 1, 2017; Volume 36, Issue 6, eff. December 11, 2019; Volume 41, Issue 23, eff. August 1, 2025.
18VAC48-70-50. Association complaint procedure requirements.
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.
Statutory Authority
§§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 36, Issue 6, eff. December 11, 2019; Volume 41, Issue 23, eff. August 1, 2025.
18VAC48-70-60. Distribution of association complaint procedure.
A. The association complaint procedure must be readily available upon request to all members of the association and citizens.
B. The association complaint procedure must be included as an attachment to the resale certificate described in § 55.1-2310 of the Code of Virginia.
Statutory Authority
§§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 40, Issue 6, eff. January 1, 2024; Volume 41, Issue 23, eff. August 1, 2025.
18VAC48-70-70. Maintenance of association record of complaint.
A. A record of each association complaint filed with the association must be maintained in accordance with § 54.1-2354.4 A 1 of the Code of Virginia.
B. Unless otherwise specified by the director or the director's designee, the association must provide to the director or the director's designee, within 14 days of receipt of the request, any document, book, or record concerning the association complaint. The director or the director's designee may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within 14 days of receiving the request.
Statutory Authority
§§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 36, Issue 6, eff. December 11, 2019; Volume 41, Issue 23, eff. August 1, 2025.
18VAC48-70-80. Failure of association to establish and utilize association complaint procedure.
Failure of an association to establish and utilize an association complaint procedure in accordance with this chapter may result in the board seeking any of the remedies available pursuant to Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia.
Statutory Authority
§§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012.