SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2023 SESSION

  • | print version

HB 1627 Common Interest Community Board; enforcement power over continuing violations.

Introduced by: Carrie E. Coyner | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Common Interest Community Board; enforcement power over continuing violations of common interest community associations. Allows the Office of the Common Interest Community Ombudsman, upon receiving any notice of a final adverse decision issued by a common interest community association, to either (i) refer such final adverse decision to the Common Interest Community Board for further review of whether such decision is in conflict with relevant laws or Board regulations or (ii) make a determination of whether such final adverse decision conflicts with relevant laws or Board regulations. If the Office determines that such final adverse decision conflicts with relevant laws or Board regulations, the bill requires the Office to promptly notify the governing board, and if applicable the common interest community manager, of the association of such determination. If the Common Interest Community Ombudsman receives a subsequent notice of final adverse decision for the same violation within one year of such determination, the Office shall refer the matter to the Board. The bill also requires the Office to maintain data on referrals made to the Board.

Finally, the bill provides that if, within one year of issuing a determination that an adverse decision issued by a common interest community association is in conflict with relevant laws or Board regulations, the Director of the Department of Professional and Occupational Regulation receives a subsequent notice of final adverse decision for the same violation, the Director must refer the repeat violation to the Board. This bill is identical to SB 1042.

SUMMARY AS INTRODUCED:

Common Interest Community Board; enforcement power over continuing violations of common interest community associations. Requires common interest community associations, within 30 days of receiving a decision of the Director of the Department of Professional and Occupational Regulation that such association has issued a final adverse decision that violates a law or regulation governing such association, to come into compliance with such law or regulation and avoid repeating the same violation. The bill provides that if the association fails to come into compliance or repeats such violation, then the Director shall refer the continuing violation to the Board, which shall take an action deemed appropriate by the Board pursuant to the Board's enforcement powers.

The bill also requires the Office of the Common Interest Community Ombudsman to maintain data on referrals made and the amount of time it takes for an association to come into compliance with a law or regulation deemed by the Director to have been violated and to either (i) refer a final adverse decision received to the Board for further review of whether such decision is in conflict with relevant laws or regulations or (ii) make a determination of whether a final adverse decision received is in conflict with such laws or regulations and promptly notify the complainant, and, if applicable, the association that issued a final adverse decision that conflicts with such laws or regulations, of such determination.