Complaint Process

Fox Lee Community Corporation

Association Complaint Procedures in compliance with 55-530 E of the Code of Virginia

Part One General Definitions

Section 55-528 of the Code of Virginia provides definitions of the following terms and phrases:

Association

Board

Common interest community

Declaration

Director

Governing Board

Lot

Section 55-79.41 of the Code of Virginia provides definitions of the following terms:

“Adverse decision”, or “final adverse decision” means the final determination issued by an association pursuant to an association complaint procedure that is opposite of, or does not provide for, either wholly or in part, the cure or corrective action sought by the complainant. Such decision means that all avenues for internal appeal under the association complaint procedure have been exhausted. The date of the final adverse decision shall be the date of the notice issued pursuant to subdivisions 8 and 9 of 18VAC48-70-50.

“Association complaint” means a written complaint filed by a member of the association or citizen pursuant to an association complaint procedure. An association complaint shall concern a matter regarding the action, inaction, or decision of a governing board, managing agent, or association inconsistent with applicable laws and regulations.

“Association complaint procedure” means the written process adopted by an association to receive and consider association complaints from members and citizens. The complaint procedure shall include contact information for the Office of the Common Interest Community Ombudsman in accordance with 55-530 of the Code of Virginia. An appeal process, if available, shall be set out in an association complaint procedure adopted by the association, including relevant timeframes for filing the request for appeal. If no appeal process is available, the association complaint process shall indicate that no appeal process is available and that the rendered decision is final.

“Association governing documents” means collectively the applicable organizational documents, including but not limited to the current and effective articles of incorporation, declaration and by-laws of a property owners association. Association governing documents also include, to the extent of existence, resolutions, rule and regulations, or other guidelines governing association member conduct and association governance,

“Complainant” means an association member or citizen who makes a written complaint pursuant to an association complaint procedure.

“Record of complaint” means all documents, correspondence and other materials related to a decision made pursuant to an association complaint procedure.

Part Two Complaint Procedure

  1. The complaint must be in writing.

  2. The complaint form is available for download below.

  3. Complaints may be hand delivered at a monthly association meeting or mailed by registered or certified mail, return receipt requested, to the association mailing address.

  4. The association will provide acknowledgement of receipt of the complaint within seven days of receipt. Such acknowledgement may be hand delivered (with receipt), or mailed by registered or certified mail, return receipt requested. Delivery by electronic means is acceptable provided the sender retains sufficient proof of electronic delivery. This acknowledgement will include the date, time and location the matter will be considered. This should be the next association board meeting.

  5. Complainant should include any documents specific to the complaint. In addition the reference to the specific law or regulation applicable should be provided. If applicable, pictures or plans, etc. should be submitted.

  6. Complaints will be reviewed at the monthly meeting following receipt. If additional information is required it will be requested within seven days of the meeting. Requests for more information shall be made in the same manner as the acknowledgement of receipt was made. Supporting documents should be requested to arrive by the following month’s board meeting.

  7. After the final determination is made, the written notice of final determination shall be hand delivered (with receipt) or mailed certified or registered mail, return receipt requested to the complainant at the address provided. Delivery by electronic means is acceptable provided the sender retains sufficient roof of electronic delivery within seven days.

  8. There is no process to appeal decisions to the association board of directors.

  9. The notice of final determination shall be dated as of the date of issuance and include specific citations to association governing documents, laws, or regulations that led to the final determination as well as the registration number of the association. The name and license number of the common interest community manager shall also be provided.

  10. The notice of final determination shall include the complainant’s right to file a notice of Final Adverse Decision with the Common Interest Community Ombudsman and the applicable contact information. (See Fox Lee Resolution Letter.)