LAKEVALE ESTATES COMMUNITY ASSOCIATION BOARD OF DIRECTORS Policy 2012 –
01 Complaints from Association Members and Other Citizens
Pursuant to Commonwealth of Virginia statutes Title 54.1, Chapter 23.3 and Title 55, Chapter 29 § 55- 530, the Lakevale Estates Board of Directors (Board) adopts the following policy for receiving and considering complaints from association members and other citizens. This policy establishes written complaint procedures, maintenance of association complaint records, and time frames for filing and response.
Lakevale Estates Community Association is established by charter from the Commonwealth of Virginia as a non-stock, not-for-profit corporation (Entity 0104712-5, State Corporation Commission of Virginia). The original 1969 Articles of Incorporation was amended in 1971. The Articles of Incorporation and the covenants (architectural/lot covenants that cite the County’s legal restrictions governing each Lakevale Estates property) are the basis for the Lakevale Estates By Laws and Rules and Regulations. Lakevale Estates Community Association is under the Virginia Property Owners’ Association Act (Title 55, Chapter 26).
The Board will provide this policy in an initial release to the association members by September 15, 2012 via the association newsletter. This policy and procedures will be available on the community website home page at www.lakevale.org. This policy and procedures will be included as part of the Homeowners’ Association Disclosure Packet.
I. Establishment of written complaint and receipt procedures. The Board will receive complaints from association members and other citizens in regards to actions under the Virginia Property Owners’ Association Act.
a. The complainant is to provide a completed complaint form as adopted.
b. The completed complaint form is to be mailed to the Lakevale Estates Community Association post office box: P.O. Box 626, Vienna, Virginia 22183.
c. Written complaints will not be accepted by any Board member.
d. The complaint form is available on the www.lakevale.org home page.
e. The Board will provide written acknowledge of receipt of the association complaint to the complainant within seven (7) days of receipt. Such acknowledgement shall be provided in such manner as the complainant indicated on the filed complaint form.
II. Process of considering complaints .
a. The Board , upon receipt of the complaint, will review the material and identify if any additional information is required. If additional information is required, the Board will provide written request within fourteen (14) business days of the receipt of the complaint.
b. The Board as a whole is the hearing body and will make the determination based on the information contained and attached with the written complaint.
c. The Board will consider all written complaints within 45 business days of receipt.
d. The Board will provide notification of the date, time and location of the complaint review and hearing to the complainant by 30 days after receipt of the complaint by U.S. Postal Service (U.S.P.S) and e-mail.
e. Upon Board’s determination, the complainant will receive by U.S.P.S. and email written notice of final determination within seven (7) days of the date of final determination..
f. The notice of final determination shall be dated as the date of issuance and include specific citations to application association governing documents, laws, or regulations that led to the final determination, as well as the registration number of the association. The notice will be accompanied with information for the complainant’s right to file notice of adverse action decision to the Commonwealth of Virginia Common Interest Community Board via the Common Interest Community Ombudsman with applicable contact information
III. Maintenance of Association Complaint Records.
a. The Lakevale Community Association Board will maintain written complaints and the decisions rendered by the Board of Directors for a period of three (3) years in the designated Board of Directors record room.
b. These documents will be maintained in a separate folder titled Lakevale Estates Community Association Complaints.
IV. Timeframes for Filing and Response.
a. Within seven (7) days of receipt of complaint, the Board will provide written acknowledge of receipt of the association complaint to the complainant in such manner as the complainant indicated on the filed complaint form.
b. If additional information is required, the Board will provide written request within fourteen (14) business days of the receipt of the complaint.
c. The Board will consider all written complaints within 45 days of receipt.
d. The Board will provide notification of the date, time, and location of the complaint review and hearing to the complainant by 30 days after receipt of the complaint by U.S.P.S. and email.
e. Upon Board’s determination, the complainant will receive by U.S.P.S. and email written notice of final determination within seven (7) days of the date of final determination.
Adopted this 14th day of August, 2012 Lakevale Board of Directors
LAKEVALE ESTATES COMMUNITY ASSOCIATION
PO BOX 626 Vienna, Virginia 22183
Pursuant to Chapter 29 of Title 55 of the Code of Virginia, the Board of Directors (Board) of the Lakevale Estates Community Association (Association) has established this complaint form for use by persons who wish to file written complaints with the Association regarding the action, inaction, or decision by the governing board, managing agent or association inconsistent with applicable laws and regulations.
Legally describe the complaint in the area provided below, as well as the requested action or resolution of the issues described in the complaint. Please include references to the specific facts and circumstances at issue and the provisions of Virginia laws and regulations that support the complaint. If there is insufficient space, please attach a separate sheet of paper to this complaint form. Also, attach any supporting documents, correspondence, and other materials related to the complaint. _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________
Sign, date, and print your name and address below and submit this form to the Association at the address listed above. ________________________________ _________________________________ _________________
Printed Name Signature Date Street Address Lot Number and Mailing Address
E-mail Address Phone Number Contact Preference – Check one ( ) E-mail ( ) U.S.P.S. ( ) Other ___________________________
If, after the Board’s consideration and review of the complaint, the Board issues a final decision adverse to the complaint, you have the right to file a notice of final adverse decision with the Common Interest Community Board (CICB) in accordance with the regulations promulgated by the CICB. The notice shall be filed within 30 days of the date of the final adverse decision, shall be in writing on forms provided by the Office of the Common Interest Community Ombudsman (Ombudsman), shall include copies of any supporting documents, correspondence, and other materials related to the decision, and shall be accompanied by a $25 filing fee.
The Ombudsman may be contacted at: CICOmbudsman@dpor.virginia.gov
Office of the Common Interest Community Ombudsman Department of Professional and Occupational Regulation
9960 Mayland Drive, Suite 400
Richmond, VA 23233 804-367-2941
DPOR.Virginia.gov Approved at the August 14, 2012 Lakevale Estates Board of Directors Meeting