VA HOA's take note on proposed regulations

I just received this info today. If you are in Virgina you should be aware that the common interest community board ombudsman office is proposing regulations.

Here is a link to the proposed regulations (note: starts on page 84 of the document)

Here is a link to a newsletter from our Association lawyer that discusses the proposed regulations.

Bottom line it appears to be a more stringent time frame requirement (which is hard for volunteers) and better record keeping then some associations have been known for (which I believe is a good thing).

My biggest concern is that they don't identify what a complaint is. Therefore, it can include a member complaining about another member not taking in their trash container.

Based on information I received: If you wish to provide any comments with respect to these proposed regulations to the Common Interest Community Board, you may submit them to Tricia Henshaw, Executive Director, Common Interest Community Board, 9960 Mayland Drive, Suite 400, Richmond, Virginia 23233. The fax number for that office is (804) 527-4298, and their e-mail address is: [email protected]. The deadline for providing public comments is March 18, 2011.

The legislation establishing the CICB and Ombudsman's office was enacted in July of 2008. So nearly three years have gone by and they are just now proposing implementing regulations? And many more months will go by before the proposed regs are enacted. I hope nobody in Virginia with an urgent HOA issue is expecting help any time soon from this office.

Tim,

I attended a public meeting of the CICB two years ago sponsored by our county government. The board is made up of reps from the developers, management companies, HOA lawyers, and (if I remember correctly) one HOA homeowner.

It has long been my opinion that this group is really intended only as political cover for the HOA industry. "See, we must be OK because we are regulated by the state".

The statutes and implementing regulations are toothless, as you point out.

HOA's are de facto governments, without - at least in Virginia - any of the checks and balances that protect the interests of the governed. The CICB is not structured to fulfill that role.