**A copy of these procedures and the complaint form may be downloaded from here.**
GLOUCESTER COURTHOUSE SQUARE HOMEOWNERS ASSOCIATION POLICY RESOLUTION NO. 1 ASSOCIATION COMPLAINT PROCEDURES (for resolving certain complaints from members and others)
WHEREAS, pursuant to Section 55-530(E) of the Virginia Code, the Virginia Common Interest Community Board (“CICB”) has promulgated final regulations imposing a requirement that each common interest community association (including condominiums, property owners’ associations and cooperatives) adopt a reasonable procedure for the resolution of certain written complaints from the members of such association and other citizens; and
WHEREAS, Common Interest Community Ombudsman Regulations, 18 V AC 48-70-10, et seq. (“Regulations”) have been adopted in accordance with§ 55-530 of the Code of Virginia and the Board of Directors of the Gloucester Courthouse Square Homeowners Association Inc. (“Association”) is establishing this CICB Complaint Procedure in accordance with the Regulations;
WHEREAS,§ 55-513(A) of the Virginia Property Owners’ Association Act, Code of Virginia §§55-508, et seq. (the “Act”) grants the Board of Directors the power to establish, amend and publish additional rules and regulations such as the CICB Complaint Procedure; and
NOW, THEREFORE, IT IS HEREBY RESOLVED THAT the Association, acting through its Board of Directors, hereby adopts and establishes the following CICB-mandated Association complaint procedure for handling written complaints concerning actions or inactions allegedly inconsistent with state laws and regulations governing common interest communities:
A. Definitions. Unless otherwise defined in this Resolution, the words, terms, or phrases used in this Resolution, shall have the same meaning as defined in the CICB regulations and/or in the Association’s record of covenants.
B. Complaint Form. If a member of the Association, a resident or other individual alleges that an action, inaction or decision of the Association, the Board of Directors (“Board”) or the GLOUCESTER COURTHOUSE SQUARE HOMEOWNERS ASSOCIATION management agent (“Managing Agent”) is inconsistent with state laws or regulations governing common interest communities, then that individual must submit a formal written complaint (“Complaint”) to the Board using the attached Complaint Form (Exhibit A) in order to initiate the formal procedures described below. If the individual does not wish to initiate these formal procedures, then the individual should submit their questions, concerns or issues to the Managing Agent or the Board without using the attached form.
a. Complaint Form Instructions and Attachments. A completed Complaint Form must include a description of the specific facts and circumstances relevant to the individual’s Complaint, and the specific action, result or resolution that is being requested. If the individual submitting the Complaint Form (the “Complainant”) knows the law or regulation that has been allegedly violated or is otherwise applicable to the Complaint, then the Complainant must provide a reference to that law or regulation on the Complaint Form. The Complainant must also attach to the Complaint Form a copy of any documents that the Complainant believes demonstrate or support the validity of the Complaint (not including laws, regulations or the Association’s governing documents).
b. A copy of the Association-required Complaint Form will be available upon request from the Association by contacting the Managing Agent, (757)-646-6247.
C. Mailing or Delivering Complaint to Board of Directors. The fully completed, signed and dated Complaint (including the Complaint Form and all attachments) shall be mailed or otherwise delivered to the Board at the following address:
By Mail: Board of Directors Gloucester Courthouse Square Homeowners Association
c/o Management Agent:
4605 Pembroke Lake Circle, Suite 302
Virginia Beach, VA 23455
By Hand Delivery: Board of Directors, Gloucester Courthouse Square Homeowners Association
Same as above.
D. Means of Providing Notices to Complainant. All written acknowledgments or other notices required by these procedures to be provided by the Association to the Complainant shall be handdelivered or mailed by registered or certified mail, return receipt requested, to the Complainant at the address provided on the Complaint Form, or by facsimile transmission or email if the Complainant has previously provided the Association with the Complainant’s written consent to communicate with him/her by electronic transmission. The Managing Agent shall retain in the Association’s records proof of the mailing, delivery or electronic transmission of the acknowledgments and notices per Section H below.
E. Acknowledging Receipt of Complaint. Within seven (7) days of receipt of a Complainant’s Complaint Form, the Managing Agent shall provide the Complainant with written acknowledgement of the Association’s receipt of the Complaint.
a. Incomplete Complaint. If it appears to the Managing Agent that the submitted Complaint is missing the required minimum information, then the acknowledgment of receipt shall include notice to the Complainant of the identified problem(s) with the Complaint and advise the Complainant that he/she will need to submit a revised/corrected Complaint before it can be accepted and forwarded to the Board for consideration.
b. Forwarding to the Board. If it appears to the Managing Agent that the submitted Complaint includes the required minimum information, then on the same day that acknowledgment of receipt of the Complaint is provided to the Complainant, the Managing Agent shall provide the Board with a copy of the Complaint for consideration.
F. Formal Action- Consideration of Complaint by Board. All completed, signed and dated Complaints forwarded to the Board as specified above shall be considered by the Board at a Board meeting and a decision made as to what action, if any, to take in response to the Complaint.
a. Meeting at which Complaint will be considered. Complaints will be considered by the Board at a regular or special Board meeting held within 90 days from the date on which the Complaint was forwarded to the Board for consideration.
b. Notice to the Complainant. At least fourteen (14) days prior to the Board meeting at which the Complaint will be considered, the Managing Agent shall provide the Complainant with notice of the date, time, and location of the Board meeting at which the matter will be considered by the Board. This Notice may be combined with the acknowledgment of receipt referenced in Section D above.
c. Board’s Decision on Complaint. The Board shall make a decision on the Complaint by majority vote of the members of the Board at the meeting. The Board’s decision at the meeting shall fall into one of the following two categories:
i. A decision that there is insufficient information on which to make a final determination on the Complaint or that additional time is otherwise required to make a final determination, in which case the Board shall postpone making a final determination on the Complaint until a later scheduled Board meeting (announced at the meeting or by giving at least 14 days’ notice to the Complainant) and, if needed, make a written request for additional information from the applicable party(s), specifying a deadline by which time the additional information must be received by the Managing Agent for forwarding to the Board; or
ii. A final determination on the Complaint, indicating whether the Complainant’s requested action or resolution is, or is not, is being granted, approved or implemented by the Board. A final determination may include, for example, a decision that no action will be taken on the Complaint due to the Complainant failing to timely provide additional information that was requested by the Association.
G. Notice of Final Determination. Within seven (7) days after the final determination is made (per subsection F.c.ii. above), the Managing Agent shall provide the Complainant with written notice of the Board’s final determination. The notice of final determination shall be dated as of the date of issuance and include:
a. Specific citations to applicable provisions of the Association’ s governing documents, laws or regulations that led to the final determination;
b. The Association’s registration number as assigned by the CICB, and if applicable, the name and CICB-issued license number for the Managing Agent; and
c. Notice of the Complainant’s right to file a “Notice of Final Adverse Decision” with the CICB via the CIC Ombudsman (providing the applicable contact information).
H. Records. The Managing Agent shall retain, as part of the Association’s records, a record of each Complaint (including the Complaint Form and attachments, related acknowledgments and notices, and any action taken by the Association or Board in response to such Complaint) for a period of at least one (1) year from the date of the Association’s final action on the Complaint.
I. Resale Disclosure Packet. A copy of this Resolution (including the Exhibit A Complaint Form) shall be included as an attachment to Association-issued disclosure packets.