Complaints > Association Complaint Procedures

SOUTHERN OAKS HOMEOWNERS ASSOCIATION

POLICY RESOLUTION 2013-01

Association Complaint Procedures

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 adopt a reasonable procedure for resolution of certain written complaints from the members of such association and other citizens; and

NOW, THEREFORE, IT IS HEREBY RESOLVED THAT the Southern Oaks Homeowners Association (“Association”), acting through, its Board of Directors (“Board”), 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 concerning common interest communities:

1. DEFINITIONS: Unless otherwise defined in this Resolution, the words, terms, or phrases used in this Resolution shall have the same meanings as those defined in the applicable CICB regulations and in the Associations governing documents.

2. 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 or an agent of the Association is inconsistent with state law 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 trigger the formal procedures described below. If the individual does not wish to trigger these formal procedures, then the individual should submit their questions, concerns or issues to 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 the 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).

A copy of the Association – required Complaint Form will be available upon request from the Association by contacting the Board at 8328 Linden Oaks Court, Lorton, VA 22079 or at www.sohoa.org.

3. MAILING OR DELIVERING COMPLAINT TO BOARD: The fully completed, signed and dated Complaint (including the Complaint Form and all required attachments) shall be mailed or otherwise delivered to the Board at the following addresses:

By Mail:	Board of Directors, Southern Oaks Homeowners Association 8328 Linden Oaks Court Lorton, VA 22079
By Email:	info@sohoa.org

4. MEANS OF PROVIDING NOTICES TO COMPLAINANT: All written acknowledgements or other notices required by these procedures to be provided by the Association to the Complainant shall be hand-delivered 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 Board shall retain in its records proof of the mailing, delivery or electronic transmission of the acknowledgments and notices per Section 8 below.

5. ACKNOWLEDGING RECEIPT OF COMPLAINT. Within seven (7) days of receipt of a Complainant’s Complaint Form, the Board shall provide the Complainant with written acknowledgment of the Association receipt of the Complaint.

a. Incomplete Complaint. If it appears to the Board 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 considered by the Board.

6. FORMAL ACTION – CONSIDERATION OF COMPLAINT BY BOARD. All completed, signed and dated complaints, received by 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 received by the Board.

b. Notice to the Complainant. At least fourteen (14) days prior to the Board meeting at which the Complaint will be considered, the Board 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 5 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 Board; or

ii. A final determination on the Complaint, indicating whether the Complaint’s requested action or resolution is, or is not, 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.

7. NOTICE OF FINAL DETERMINATION. Within seven (7) days after the final determination is made (per Section 6.c.ii above), the Board 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

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).

8. RECORDS. The Board 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 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.

9. 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.

RESOLUTION EFFECTIVE: 22 August 2013