The Common Interest Community Board amended the Complaint Regulations effective August 1, 2025. These regulatory changes pertain to those circumstances where a person files a complaint against an association as the first step in initiating the process that typically culminates in a referral of the Complaint to the Virginia Common Interest Community Ombudsman. The following is a summary of the material changes:
Clarification of Applicable Laws and Regulations
The regulations now specify that only complaints involving the following are subject to the association complaint procedure:
- Common Interest Communities
- Virginia Property Owners’ Association Act
- Virginia Condominium Act
- Virginia Horizontal Property Act
- Virginia Real Estate Cooperative Act
The regulations no longer reference “association governing documents” as a basis for complaints under this procedure. This change clarifies that only statutory and regulatory issues—not violations of association declarations, bylaws or rules—are within the Ombudsman’s jurisdiction and addresses an important conflict between the language in the statute and prior language in the Regulations.
Longer Time to Provide Written Acknowledgement
Associations now have 14 days (previously 7 days) to provide a written acknowledgement of receipt of a complaint.
Expanded Methods for Providing Notices
The regulations now allow for greater flexibility in how notices are delivered:
- Notices (including acknowledgement of receipt, notice of board consideration, and notice of final determination) may be hand delivered, mailed (no longer requiring registered or certified mail), or delivered by third-party courier with proof of delivery.
- This change eliminates the previous requirement that notices be sent by registered or certified mail.
Appeal Process Requirements
The regulations were changed to establish requirements in the event the association creates an appeals process in its Compliant Policy. It provides that if the association offers an internal appeal process, the complaint procedure must clearly state the availability of an appeal, including all relevant timeframes for filing an appeal. If no appeal process exists, the procedure must explicitly state that the decision is final and not subject to further internal review. It is important to note that associations are not required to have an appeal process under these amended regulations.
Fee Waiver for Notice of Final Adverse Decision
The regulations now permit the Common Interest Community Board to waive or refund the $25 filing fee for a Notice of Final Adverse Decision if the complainant demonstrates financial hardship. The CICB will use the U.S. Department of Health and Human Services Poverty Guidelines to determine eligibility and will require any person requesting a waiver to submit supporting documentation of income.
Additionally, the Common Interest Community Board has established a Notice of Final Adverse Decision Form, which can be accessed through the following link: https://www.dpor.virginia.gov/sites/default/files/CIC_Ombudsman/F491-CICNOTE.pdf.
A complete Notice of Final Adverse Decision form must include: (a) the Complainant’s name, contact information, and the date of the final adverse decision; and (b) the Association’s name and contact information. The Notice of Adverse Decision needs to include the specific citations to the laws or regulations that support the decision, the Association’s registration number, and, if the management agent is named, their name and license number.
The Complainant must include the following supporting documentation with a Notice of Final Adverse Decision: (a) a copy of the original association complaint; (b) a copy of the association’s final adverse decision; (c) any supporting documentation that accompanied the final adverse decision; (d) a copy of the association’s complaint procedure; and, (e) the filing fee of $25** (payable to the Treasurer of Virginia) or a completed Waiver of Filing Fee Request Form with supporting proof of income if seeking a fee waiver.
The Common Interest Community Ombudsman will not accept any anonymous complaints. Also, the 30-day deadline for submission of a complaint to the Ombudsman cannot be extended. There are no discovery or other supplemental submissions permitted once the complaint is submitted to the Officer of the Common Interest Community Ombudsman. Instead, the Ombudsman will only consider those documents that were submitted to or considered by the association when the complaint was originally submitted to the association. Also, all submissions to the Ombudsman are subject to public disclosure once the Ombudsman closes the case.
With these changes, it is likely that your association’s existing complaint policy is out of date and should be amended.
