CHANTILLY HIGHLANDS HOMES ASSOCIATION POLICY RESOLUTION NO. 12-001

(Procedures Related to the Submission and Resolution of Complaints)

 WHEREAS, Section 55-530(E) of the Virginia Code requires the Association to establish reasonable procedures to resolve written complaints from the members of the Association or other citizens; and

WHEREAS, Section 18VAC48-70-10, et seq, of the Virginia Administrative Code requires the Association to enact procedures governing the receipt and adjudication of written complaints by September 28, 2012 and outlines the requirements for the content of such complaint procedures; and

WHEREAS, the Board has adopted a policy resolution requiring all complaints to be submitted to the Association’s Board of Directors in writing and establishing reasonable procedures governing the resolution of these written complaints so as to comply with the requirements of the governing documents and Virginia law.

Policy:


NOW, THEREFORE, BE IT RESOLVED THAT the Board adopts the following

1.         Complaint Must Be in Writing.  The Association shall act only on written complaints submitted to the Board in accordance with the procedures set forth in this Resolution. The Board has the discretion to act on verbal complaints if it believes the matter can be quickly resolved.  However, the Board reserves the right to withhold action and require the complainant to submit a written complaint as provided for in this resolution.

 2.         Complaint Form.  If an owner, resident or other person wishes to submit a formal complaint to the Association, such persons must complete the written complaint form attached hereto as Exhibit A and submit the complaint form to the Association’s management. Exhibit A: Complaint Form

3.         Where Complaints Should be Sent.  All written complaints must be sent by United States Postal Service mail or hand-delivery to the Association at the following location, unless otherwise advised by the Association’s Board:

Chantilly Highlands Homes Association c/o Board President

Post Office Box 710238

Oak Hill, VA 20171-0238

4.         Required Information.  The complaint must allege that either the Association or a member of the Association (including its Board of Directors or Management) has acted in a manner that is inconsistent with applicable laws and regulations.  All complaints shall include the following information or shall be deemed invalid:

 1)  The name and address of the complainant;

2)  The nature of the alleged complaint, including the relevant times, dates and places involved;

3)  The applicable laws or provisions of the Association’s governing documents the

complaint concerns;

4)  The name and address of any other persons involved, if known;

5)  Any other information the complainant deems relevant for the Board’s review;

6)  The signature of the complainant.

5.         Acknowledgment of Receipt.  Upon receipt of a valid written complaint, the Association shall provide written notice acknowledging receipt of the complaint within seven (7) days of receipt of a completed Complaint Form.

6.         Association’s Form of Correspondence.  The Association shall deliver written notice to the complainant by certified mail or hand-delivery, unless the complainant either has: (1) notified the Association that they consent to receiving written communications electronically; or (2) such method of communication is consistent with procedures that have been adopted by the Association’s Board of Directors.

7.         Incomplete Complaint.  If the Association deems the complaint to be incomplete, the Association shall notify the complainant within seven (7) days of receipt of the submission.  The notification shall state the additional information the complainant needs to provide to the Association to complete the Complaint Form.  The complainant shall have an additional fourteen (14) days to submit a completed Complaint Form.  If a completed Complaint Form is not received within the 14-day time frame, the Association shall notify the complainant that a valid written complaint was not received and the

matter is deemed closed.  If the additional information is received within the 14-day time frame, the Association shall send acknowledgement of receipt as identified in Section 5 above and commence with investigation described in Section 8 below.

8.         Investigation Period.  Upon receipt of a valid written complaint, the Association shall investigate and resolve the complaint.  The Board may contact the complainant in order to conduct its investigation.  The complainant is obligated to cooperate with the Association’s investigation. If the complainant does not cooperate, the Association may close the matter for failure to cooperate.

9.         Conclusion of Investigation.  The Association will conclude its investigation within 30 days of its receipt of the valid written complaint, unless the Association deems that more time is necessary to conclude the investigation.

10.       Matters Not Involving Allegations of Violations by Other Residents.

 A.        Notice.  If the complaint involves a matter that does not involve an allegation that an owner or resident is in violation of the Association’s governing documents, or duly-adopted policies, rules or regulations, once the investigation is complete, the Board of Directors shall notify the complainant of the time, place and location

that the matter will be considered by the Board.

B.        Hearing.  The Board shall conduct a hearing on the alleged complaint.  The complainant may present any evidence the complainant deems relevant to the subject of his complaint.  The Board of Directors may question the complainant or any other persons it believes may have information relevant to the complaint. After all parties have presented evidence, the Board shall meet in executive session to consider the evidence.

C.        Notice of Final Determination.  Following the conclusion of the hearing, the Board shall send the complainant a Notice of Final Determination within seven days after the hearing date.  The Notice of Final Determination shall notify the complainant of the Board’s decision, the provisions in the governing documents, the Act or rules and regulations upon which the Board relied in reaching its decision, the registration number of the Association, and shall notify the complainant of his or her right to file a Notice of Final Adverse Decision as set forth in paragraph 12 below.

11.       Matters Involving Allegations of Violations by Other Residents.

A.        Notice.  If the complaint involves an alleged violation of the Association’s governing documents, or duly-adopted policies, rules or regulations and the Association determines that there is sufficient evidence to establish probable cause that such a violation may exist, the Association will initiate an enforcement action against the appropriate party in accordance with its policy resolution that creates policies and procedures to ensure due process in enforcement cases.  In such cases, the complainant shall receive a copy of the notice of violation.   The notice will be dated as of the date of issuance and shall include specific citations

to applicable Association governing documents, laws, or regulation that led to the final determination, as well as the registration number of the Association.

B.        Hearing.  A hearing will be called in accordance with the Association’s policy resolution that creates policies and procedures to ensure due process in enforcement cases.

C.        Notice of Final Determination.  Following the conclusion of the hearing, the Board shall send the complainant a Notice of Final Determination within seven days after the hearing date.  The Notice of Final Determination shall notify the complainant of the Board’s decision, the provisions in the governing documents, the Act or rules and regulations upon which the Board relied in reaching its decision, the registration number of the Association, and shall notify the complainant of his or her right to file a Notice of Final Adverse Decision as set forth in paragraph 12 below.

12.       Referral to Ombudsman.  The Notice of Final Determination shall advise the complainant of his or her right to file a Notice of Final Adverse Decision to the Office of the Common Interest Community Ombudsman at the below address:

 Virginia Common Interest Community Ombudsman

9960 Mayland Drive, Suite 400

Richmond, Virginia 23233-1463

Phone: 804-367-2941

Email: CICOmbudsman@dpor.virginia.gov

 13.       Record Keeping.  The Association shall maintain a record of the complaint for no less than one year from the date that the Association takes action on said complaint.

14.       Availability.  A copy of these procedures shall be made available to all owners and

citizens upon request and on the Association’s website.

15.       Resale Disclosure Packet.  A copy of these procedures shall be included in any resale disclosure packet issued after the effective date below.

16.       Annual report.  The Association shall certify with each annual report filing that the

Association complaint procedure has been adopted and is in effect. This policy resolution shall become effective on September 28, 2012.

CHANTILLY HIGHLANDS HOMES ASSOCIATION

 

By

Jeffrey Parnes, President