Office of the Common Interest Community Ombudsman Determinations

Office of the Common Interest Community Ombudsman Determinations

Overview 

The Office of the Common Interest Community Ombudsman reviews Notices of Final Adverse Decision resulting from the submission of a Complaint through an Association’s Complaint Procedure. The sole purpose of this review is to determine if the Final Adverse Decision received by the Complainant, from the Association, may be in conflict with laws or regulations governing common interest communities or interpretations thereof by the board.

Such Determination is within the sole discretion of the Ombudsman and is not subject to further review or appeal. It is not a judicial verdict, court decree, Board order or official opinion. The Ombudsman’s Determination is legally non-binding and strictly limited to laws and regulations pertaining exclusively to common interest communities.

Pursuant to § 54.1-2354.4 of the Code of Virginia, and the Common Interest Community Ombudsman Regulations, ALL Notices of Final Adverse Decision filed with the Office of the Common Interest Community Ombudsman:

  1. must begin as an Association Complaint that has been submitted to an Association, through its internal Association Complaint Procedure, and 
  2. “shall concern a matter regarding the action, inaction, or decision by the governing board, managing agent, or association inconsistent with applicable (common interest community) laws and regulations.”

It is only after the Association has provided a final decision, adverse to the Complainant, that a Notice of Final Adverse Decision can be filed with this office. Learn more about the Final Adverse Decision process from this flowchart.

Determinations issued by the Ombudsman are subject to public disclosure under the Freedom of Information Act. We hope the guidance provided in the published Determinations is helpful for association owners, members of association boards of directors and anyone else who may be dealing with similar issues.