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Nov 22, 2017
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RESOLUTION
of the
Board of Directors
of
Gables of York Community Association, Inc.

(Association Complaint Procedures)

WHEREAS, the Code of Virginia, 1950, as amended (the "Virginia Code"), was amended by statute effective July 1, 2008, to create a Common Interest Community Board ("CIC Board") and the Office of the Common Interest Ombudsman ("CICO"); and

WHEREAS, Section 55-530 E states, in part, the CIC Board "shall establish by regulation a requirement that each association shall establish reasonable procedures for the resolution of written complaints from the members of the association and other citizens...."; and

WHEREAS, for the benefit and protection of the Association and of its individual Members, and with a goal of reducing and resolving conflicts among and/or between the Association and its Members, the Board of Directors deems it desirable to establish such procedures; and

WHEREAS, it is the intent of the Board to establish procedures for the Board that meet the requirements of Section 55-530 E of the Virginia Code as the same may be amended and/or supplemented from time to time; and

WHEREAS, the Board of Directors will provide notice of this policy to all current owners by mailing a copy of this Resolution to current owners and to all future owners by including the Resolution in resale package prepared pursuant to Section 55-509.5 of Virginia Code; and

WHEREAS, this Resolution shall remain in full force and effect until the CIC Board adopts any applicable regulations pursuant to Section 55-530 E or until amended by further resolution of the Board, whichever first occurs.

NOW THEREFORE, the Board of Directors of the Gables of York Community Association, Inc., does hereby adopt this Resolution of Association Complaint Procedures:

1.         When any Association Member ("Member" or "Complainant") observes or reasonably

believes the Board of Directors ("Board"), the Association's Common Interest Community Manager ("Association Manager") or any individual Board Member has or is continuing to violate any provision of the Association's Declaration, Architectural Guidelines, Articles of Incorporation, Bylaws, and/or Rules and Regulations ("Governing Documents"), or other laws and regulations governing Virginia Common Interest


Communities, the Member shall have the right to acquire, complete and submit a written Association Complaint Form.

2.                  The Association Complaint Form shall comport substantially with the Association Complaint Form attached to this Resolution as Exhibit A, or with any form required by regulation duly promulgated by Virginia's Common Interest Community Board ("CIC Board").

3.                  The Association Complaint Form shall be submitted to the Gables of York Community Association, Inc., c/o Chesapeake Bay Management, Inc., 600 Thimble Shoals Blvd., Suite 200, Newport News, VA 23606, via fax to (757) 534-7765, or by e-mail to the Association Manager, Dana Shotts-Neff at dsneff(alcbm.com.

4.                  The Board shall amend and restate this Association Complaint Procedures Resolution each time the name, address, telephone number and email address of the Association's Manager changes to remain compliant with Section 55-530 E.2 of the Virginia Code.

5.                  To the extent the Complainant has knowledge of the law or regulation applicable to the complaint, the Complainant shall provide that reference, as well as the requested action or resolution.

6.                  The Association shall provide written acknowledgement of receipt of the Association complaint to the Complainant within seven (7) days of receipt thereof. Such acknowledgement shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the Complainant at the address provided, or by electronic means with sufficient proof of the electronic delivery retained by the sender.

7.                  Any Association Complaint Form fully completed and submitted to the Association's Manager shall be reviewed at the Board's next regularly scheduled Board Meeting, provided, however the Association Complaint Form fully completed must be submitted at least seven (7) business days prior to the next scheduled regular Board Meeting to ensure review at that meeting. If the Association Complaint Form is received less than seven (7) business days prior to the next scheduled regular Board Meeting, the Association Complaint Form shall be reviewed at the next subsequent regular Board Meeting.

8.                  Notice of the date, time and location that the matter will be considered will be hand delivered or mailed by registered or certified mail, return receipt requested, to the Complainant at the address provided, or shall be sent via electronic means with sufficient proof of the electronic delivery retained by the sender.

9.                  The Board shall review any Association Complaint Form received and shall, if necessary, consult with the Association's attorney and/or any other vendor or professional


providing services to the Association to provide as complete a review as possible to arrive at a decision.

10.             The Board may, but shall not be required to, consult with the Member who submitted the Association Complaint Form to understand more fully the substance and/or basis of the Member's Complaint.

11.             The Board shall send notice of the final determination to the Complainant within seven (7) days of the Board Meeting during which the Association Complaint Form was reviewed. The final determination shall be hand delivered or mailed by registered or certified mail, return receipt requested, to the Complainant at the address provided, or shall be sent via electronic means with sufficient proof of the electronic delivery retained by the sender .

12.             The notice of final determination shall be dated as of the date of issuance and include specific citations to applicable governing documents, laws, or regulations that led to the final determination, as well as the registration number of the Association. If applicable, the name and license number of the Common Interest Community Manager shall also be provided.

13.             Should any Member need assistance in understanding the Member's rights and the processes available to Common Interest Community Members, the Member may contact Virginia's Office of the Common Interest Community Ombudsman ("CICO") for assistance. The CICO may be reached at the Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, Virginia 23233. The CICO's current telephone number is (804) 367-2941. The CICO's current email address isCICOmbudsman@dpor.virginia.gov.

14.            Complainant's Rights Description required by Section 55-530 E.2 of the Code of Virginia. 1950. as amended. In accordance with Section 55-530 F of the Code of Virginia, as amended, an Association Complainant may give notice to the Virginia Common Interest Community Board (the "Board") of any final adverse decision in accordance with regulations promulgated by the Board. The notice shall be filed within 30 days of the final adverse decision, shall be in writing on forms prescribed by the Board, shall include copies of all records pertinent to the decision, and shall be accompanied by a $25 filing fee. The fee shall be collected by the Director of Professional and Occupational Regulation and paid directly into the state treasury and credited to the Common Interest Community Management Information Fund, Section 55-530.1. The Board may, for good cause shown, waive or refund the filing fee upon a finding that payment of the filing fee will cause undue financial hardship for the member. The Director shall provide a copy of the written notice to the Association that made the final adverse decision.

15.             The Association Complaint Form, all attachments thereto and a copy of the Complaint


Response correspondence ("Complaint File") shall be retained by the Association for not less than one (1) year after the Board renders a decision on the Complaint. The Complaint File shall be eligible for review and duplication solely by the Association's Board of Directors, the Association Manager and the Lot Owner(s) who submitted the original Complaint Form, provided, however, the Complaint File shall be produced upon order of an appropriate judicial or administrative body having jurisdiction over the Association.

IN WITNESS WHEREOF, by signing below, the Board of Directors of the Gables of York Community Association, Inc., hereby approves adoption of this Association Complaint

Procedures Resolution this 10th_ day of Sept 2013.


 

Signed By:

 

Richard Chandler, President

Linda Henriquez,  Vice Prisident

Andrew Lightner, Treasurer

Barry Jennings, Secretary

James Troeschel, Director

Lauren Hall, Director


Text Box: Page 1 of 3 ASSOCIATION COMPLAINT FORM

This Form is available to all Association Owners as required by Section 55-530.E of the Code of Virginia, 1950, as amended ("Virginia Code"). Please complete and return this Form to the Association's Manager for review at a regularly scheduled Board Meeting. The Board will provide a written response to any submitted Association Complaint Form within a reasonable amount of time after the Board Meeting during which the Complaint is reviewed.

Member Name (Printed):

Member Name (Signature): __________________________________________
Address:

Date:

Please outline and/or address your specific complaint in the space provided below. Should you need additional space, please attach additional typewritten pages. Please include copies of all applicable provisions of the Association's Declaration, Architectural Guidelines, Articles of Incorporation, Bylaws and / or Rules and Regulations to assist the Board in understanding your complaint. Please be sure to identify and / or attach the provisions of all specific provisions of the Virginia Code you believe may apply.

Complaint:_______________________________________________________


Text Box: Page 2 of 3 Please forward all three (3) pages of the completed Association Complaint Form and all attachments for Board consideration to:

Gables of York Community Association
C/O Chesapeake Bay Management
603 Pilot House Dr, Suite 300
Newport News, VA 23606

Should you need assistance in understanding your rights and the processes available to common interest community Members, you may contact Virginia's Office of the Common Interest Community Ombudsman ("CICO") for assistance. The CICO may be reached:

Department of Professional and Occupational Regulation
9960 Mayland Drive, Suite 400
Richmond, Virginia 23233
Telephone: (804) 367-2941
Email: CICOmbudsman@dpor.virgirda.gov

Complainant's Rights Description required by § 55-530-E.2 of the Virginia Code

In accordance with Section 55-530.F of the Code of Virginia, as amended, an Association Complaint may give notice to Virginia's Common Interest Community Board (the "Board") of any final adverse decision in accordance with regulations promulgated by the Board. The notice shall be filed within 30 days of the final adverse decision, shall be in writing on forms prescribed by the Board, shall include copies of all records pertinent to the decision, and shall be accompanied by a $25 filing fee. The fee shall be collected by the Director of Professional and Occupational Regulation and paid directly into the state treasury and credited to the Common Interest Community Management Information Fund, § 21 55-530.1. The Board may, for good cause shown, waive or refund the filing fee upon a finding that payment of the filing fee will cause undue financial hardship for the member. The Director shall provide a copy of the written notice to the Association that made the final adverse decision.


This Block for Association Use Only:

Date Complaint Received by the Association's Manager: ___________________

Printed Name of Association Manager who received Complaint:

Signature of Association Manager to certify Date Complaint Received:

Date Complaint Reviewed by the Board of Directors: Date Complaint Response forwarded to Complainant: Printed Name of Person who prepared Response:

Signature of Person who prepared Response:

Text Box: Page 3 of 3 Please attach a copy 

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