WE’RE FROM THE GOVERNMENT…

AN OVERVIEW OF THE OFFICE OF THE COMMON INTEREST COMMUNITY OMBUDSMAN AND THE COMMON INTEREST COMMUNITY BOARD

Heather Gillespie, CIC Ombudsman

Trisha Henshaw, Executive Director, CIC Board

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Organizational Chart - DPOR

Agency Director

Regulatory Boards

(includes CIC Board)

CIC Ombudsman

OfficeFair Housing

Licensing, Investigatio

ns, Compliance

Administrative Assistant

DPOR – In a Nutshell

Executive branch agency under the Secretary

of Commerce and Trade 18 regulatory boards and programs. Regulates specific professions and occupations, as

determined by the General Assembly. 200 employees serve more than 300,000 individuals

and businesses Issues professional credentials — licenses, certificates

or registrations Goal is to ensure minimum competency necessary

to practice without harming the public, Policy boards determine minimum standards and

qualify regulants based on education, experience and examination.

DPOR – In a Nutshell (cont’d)

Enforces standards of professional conduct. Investigates reports of regulatory violations and

seeks to obtain compliance  When necessary, disciplines licensees – fines,

probationary terms, suspension or license revocation

Unlicensed activity—practicing a profession without a required state license—is a misdemeanor criminal violation. Regulatory boards do not have jurisdiction over unlicensed individuals. 

Non-general fund agency

Office of the CIC Ombudsman

Assist members in understanding their rights and the processes available to them according to cic laws and regulations ;

Answer inquiries by telephone, mail, electronic mail, and in person;

Provide information concerning common interest communities upon request;

Make information available, either separately or through an existing Internet website;

Receive notices of final adverse decision;

Office of the CIC Ombudsman (cont’d)

Maintain data on inquiries received, types of assistance requested, notices of final adverse decision received, actions taken, and the disposition of each such matter;

Provide referrals to public and private agencies offering alternative dispute resolution services, with a goal of reducing and resolving conflicts among associations and their members;

Ensure that members have access to the services provided through the Office of the Common Interest Community Ombudsman and receive timely responses;

Office of the CIC Ombudsman (cont’d)

Ensure that members have access to the services provided through the Office of the Common Interest Community Ombudsman and receive timely responses;

Provide to the Director (if requested) assessments of proposed and existing common interest community laws and other studies of common interest community issues;

Monitor changes in federal and state laws relating to common interest communities;

Provide information to the Director that will permit the Director to report annually; and

Carry out activities as the Board determines to be appropriate.

80%

Phone calls and Emails – Education and Information Questions re: common interest community law

Meetings Notice Access to books and records Disclosure packets/resale certificates Reserve study Method of communication Agenda packet Harassment Collections

80% (cont’d)

Complaint Procedures Requirements Timeframes Consideration Small associations? Subject matter?

80% (cont’d)

General Assembly – subject matter expert

CIC Board and Committees Work with DPOR investigators Presentations…. Housing Commission

CIC Workgroup Time-Share Sub Workgroup

20%

Notices of Final Adverse Decision Complaints

No complaint procedure Failure to respond in reasonable

timeframe

Notices of Final Adverse Decision

Reserve study Donations Access to books and records Maintenance Amendment of governing documents Embezzlement

Notices of Final Adverse Decision (cont’d)

Rehearing Virginia Nonstock corporation Proxies Elections Method of communication Manager license

Contact Information

Office of the Common Interest Community Ombudsman9960 Mayland Drive, Suite 400Richmond, VA 23233 Main Phone: (804) 367-2941 Email: cicombudsman@dpor.virginia.gov Web:

www.dpor.virginia.gov/cic-ombudsman

From the Common Interest

Community Board

Common Interest Community Board The Common Interest Community

Board was established in 2008 The CIC Board is composed of 11

members Membership includes:

CIC Managers

(3)

CIC-Related Attorney

CIC-Related CPA

Time-Share Representat

ive

Developers of CICs (2)

Self-Managed

Association Board

Member

CIC Residents

(2)

Current CIC Board Members

Lucia Anna “Pia” Trigiani (CIC Attorney) – Chair Christiaan “Chris” Melson (CIC Manager) – Vice-Chair Enrico Cecchi (Developer) Elena Ferranti (CIC Manager) Kristie Helmick (CIC Resident) Mary Elizabeth “Beth” Johnson (CPA) Kimberly Kacani (Developer) Tom Mazzei (CIC Manager) Jacquelyn “Jackie” Riggs (Time-Share Representative) Katherine “Katie” Waddell (CIC Resident) David “Dave” Watts (Association Board Member)

Current CICB Staff Members

Who the CIC Board Regulates

CIC Managers

Certified Principal or Supervisory Employees

POA, Condo, Co-op

Associations

Condominium Projects

Time-Share Projects

Time-Share Exchange

Companies

How Does the CIC Board Regulate? Responsible for Developing/Implementing

Regulations Common Interest Community Manager

Regulations Condominium Regulations Time-Share Regulations CIC Management Information Fund Regulations CIC Ombudsman Regulations

Issues licenses, certificates, registrations, as appropriate

Disciplinary Authority

What Disciplinary Authority? Licenses/Certificates

Fine Suspend Revoke

Registrations Cease and Desist

Order Injunction Revocation Fine/Monetary Penalty

CIC Board – By the Numbers

Type 10/01/2014 Population

CIC Managers 179

Certified Employees 323

Associations 5,691

Condominium Projects 319

Time-Share Projects 82

Time-Share Exchange Companies

22

What You Should Know About CIC Manager Licensing

Anyone providing management services to an association must have a CIC Manager License, unless exempted. A few exemptions are: Employee of an association Resident acting without compensation Resident providing only bookkeeping, billing, or

recordkeeping services for compensation, but only if covered by association’s employee dishonesty insurance policy

Member of governing board acting without compensation

Attorney providing legal services CPA providing bookkeeping or accounting services

And Don’t Forget About Certified Principal or Supervisory Employees

Employee CertificationRequired as of July 1, 2012, for

Employees of manager with principal responsibility for management services to a CICSupervisory responsibility for employees who participate in providing management servicesUnless under the direct supervision of a certified employee, or within 2 years of employment

A common interest community manager that does not have the appropriate employees certified cannot renew the manager license with the Board.

Finally, Association Requirements Each property owners’, condominium unit owners’,

and cooperative lessees’ association must: File an annual report with the CIC Board Provide contact person, which may be an employee of

the CIC Manager Notify the CIC Board of changes in the Board of

Directors Certify that it has an association complaint procedure

in place Maintain a blanket fidelity bond or employee

dishonesty policy, if the association is collecting assessments

Information Overload? How to Stay Informed

DPOR Website: www.dpor.virginia.gov CIC Board Website:

www.dpor.virginia.gov/Boards/CIC-Board/ CIC Ombudsman Website:

www.dpor.virginia.gov/CIC-Ombudsman/ Virginia Regulatory Town Hall:

www.townhall.virginia.gov

Virginia Regulatory Town Hall

Why use Town Hall? Registered Public Users get notified by e-mail of

regulatory actions and meetings You may sign up to receive notifications from all Boards or

specific Boards Participate in the regulatory process through online

comment forums during open public participation periods Information found on the Town Hall website includes, but

is not limited to:o Board Meetingso Board Minuteso Regulatory Actionso Public Comments o Board Contact Information

What: Common Interest Community Board MeetingWhen: All Board Meetings begin at 9:30 a.m.

Where: DPOR, Perimeter Center, 2nd Floor, 9960 Mayland Drive, Richmond, Virginia

Note: Public Comment Period at the Beginning of Every Board Meeting

2014 2015

December 4, 2014 March 26, 2015

June 4, 2015

September 10, 2015

December 10, 2015

CIC Board Contact InformationCommon Interest Community Board

Send mail to:Department of Professional and Occupational RegulationPerimeter Center9960 Mayland Drive, Suite 400Richmond, Virginia 23233

Website: www. dpor. virginia. gov

Phone: 804-367-8595

Fax: 866-490-2723

Email: CIC@dpor.virginia.gov

ANY QUESTIONS?