Part III. Final Adverse Decision
18VAC48-70-90. Filing of notice of final adverse decision.
A complainant may file a notice of final adverse decision in accordance with § 54.1-2354.4 B of the Code of Virginia concerning any final adverse decision that has been issued by an association in accordance with this chapter.
1. The notice shall be filed within 30 days of the date of the final adverse decision.
2. The notice shall be in writing on forms provided by the Office of the Common Interest Community Ombudsman. Such forms shall request the following information:
a. Name and contact information of complainant;
b. Name, address, and contact information of association;
c. Applicable association governing documents; and
d. Date of final adverse decision.
3. The notice shall include a copy of the association complaint, the final adverse decision, reference to the laws and regulations the final adverse decision may have violated, any supporting documentation related to the final adverse decision, and a copy of the association complaint procedure.
4. The notice shall be accompanied by a $25 filing fee or a request for waiver pursuant to 18VAC48-70-100.
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.
18VAC48-70-100. Waiver of filing fee.
In accordance with § 54.1-2354.4 B of the Code of Virginia, the board may, for good cause shown, waive or refund the filing fee upon a finding that payment of the filing fee will cause undue financial hardship for the complainant.
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.
18VAC48-70-105. Receipt of notice of final adverse decision.
In accordance with § 54.1-2354.3 B 3 of the Code of Virginia, upon receipt of a notice of final adverse decision, the Office of the Common Interest Community Ombudsman may either (i) refer such adverse decision to the board for further review of whether such adverse decision is in conflict with the laws or board regulations governing common interest communities or interpretations thereof by the board; or (ii) review such adverse decision in accordance with the requirements of this part.
Statutory Authority
§§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 40, Issue 6, eff. January 1, 2024.
18VAC48-70-110. Review of final adverse decision.
Upon receipt of the notice of final adverse decision from the complainant, along with the filing fee or a board-approved waiver of filing fee, the Office of the Common Interest Community Ombudsman shall provide written acknowledgment of receipt of the notice to the complainant and shall provide a copy of the written notice to the governing board and, if applicable, the common interest community manager of the association that made the final adverse decision. The notice of adverse decision will not be reviewed until the filing fee has been received or a waiver of filing fee has been granted by the board.
In accordance with § 54.1-2354.4 C of the Code of Virginia, additional information may be requested from the association that made the final adverse decision. Upon request, the association shall provide such information to the Office of the Common Interest Community Ombudsman within a reasonable time.
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 40, Issue 6, eff. January 1, 2024.
18VAC48-70-120. Decision from the notice of final adverse decision.
A. Upon review of the notice of final adverse decision in accordance with § 54.1-2354.4 C of the Code of Virginia, if the director determines that the final adverse decision may be in conflict with laws or regulations governing common interest communities or interpretations thereof by the board, the director must provide the complainant and the governing board and, if applicable, the common interest community manager of the association with information concerning such laws or regulations governing common interest communities or interpretations thereof by the board.
B. The determination of whether the final adverse decision may be in conflict with laws or regulations governing common interest communities or interpretations thereof by the board is final and not subject to further review.
C. In accordance with § 54.1-2354.4 C of the Code of Virginia, if within 365 days of issuing a determination that an adverse decision is in conflict with laws or board regulations governing common interest communities or interpretations thereof by the board, the director receives a subsequent notice of final adverse decision for the same violation by the association, the director must refer the repeat violation to the board, which must take action in accordance with § 54.1-2351 or 54.1-2352 of the Code of Virginia, as deemed appropriate by the board.
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 40, Issue 6, eff. January 1, 2024.
18VAC48-70-125. Referral for further action.
In addition to the provisions of this chapter, any matter involving a violation of applicable laws or regulations of the board may be referred for further action by the board in accordance with the provisions of Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1; Chapters 18 (§ 55.1-1800 et seq.), 19 (55.1-1900 et seq.), and 21 (§ 55.1-2100 et seq.) of Title 55.1 of the Code of Virginia; and the board's regulations.
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.