Virginia CICB

Started by PjW • 7 replies • 2626 views

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PjW (Virginia)
Posts: 71

Posted:

I have a question for all the VA peeps, and anyone else how has info. I've heard a bit of gossip and a "threat" from a board member in our communtiy and I wanted to see if I could get some actual facts.

If a community received 2 complaints at the CICB can the CICB revoke the HOA's non-profit status and dissolve the HOA?

Thanks for any info

PjW (Virginia)
Posts: 71

Posted:

I should also mention that this board member has been trying to disolve our hoa for a while and turn it over to be part of the city's management. Which doesn't seem legal to me.

TimB4 (Tennessee)
Posts: 21,059

Posted:

PjW,

The short answer is - I don't think so. If you read the laws surrounding the VA CICB, they do not have that type of authority. Even if the CICB suggested regs/laws are adopted, I didn't see anything that gave them that authority. You may want to contact the CICB Ombudsman to be positive.

However, be aware that they might end up with fining ability.

If you didn't have it, here is the link to VA CICB:

http://www.dpor.virginia.gov/dporweb/cic_main.cfm

I would like to point out that it is possible for an Association to be dissolved. Usually this requires common area like roads and playgrounds to be transferred to the city/county. Then the membership must vote for dissolving the corporation. However, if your CC&R's require an Association, you must first amend the CC&Rs.

You might want to point out to the individual that getting rid of the Association does not get rid of the CC&Rs. Therefore, people will still have to comply with them. The difference would be that the enforcement would be done by neighbors bringing legal action against the violators.

Tim

DavidW5 (North Carolina)
Posts: 565

Posted:

My experience, so far, having submitted two complaints to the Ombudsman, is that the CICB is toothless and is there only to provide political cover to the developers, the HOA attorneys, and the management companies. I hope I am proved wrong in the future but at this point I would not rely on them for any help.

PjW (Virginia)
Posts: 71

Posted:

Thanks Tim!

PjW (Virginia)
Posts: 71

Posted:

Its still new and I don't think its mission is spelled out very well yet. In theroy it could be a good tool for communities.

DavidW5 (North Carolina)
Posts: 565

Posted:

Quote:

Posted By PjW on 05/02/2011 7:13 PM
Its still new and I don't think its mission is spelled out very well yet. In theroy it could be a good tool for communities.

The legislation establishing the CICB and Ombudsman's office was passed nearly 3 years ago (July, 2008) yet there are still no implementing procedures. If this were anything but eyewash, that would have been done long ago.

PjW (Virginia)
Posts: 71

Posted:

If there is one thing I have learned about city, county, state and national gaovernments - they move a turtle's pace and you have to keep creating layers to the original law. It takes time - 3 years is not very long in the policy years

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