The Virginia General Assembly has enacted new laws which require all associations (Homeowner Associations and Condominium Associations) to adopt complaint resolution procedures, and cost recovery policies. These laws are currently in effect, and though the main impact is on existing communities, developers need to make certain that their management companies have the necessary policies and procedures in place for all new developments.

Section 55-530 of the Code of Virginia requires all associations to establish procedures for the resolution of written complaints from the association members and other citizens. The Virginia Department of Professional Occupational Regulation, and the Common Interest Community Ombudsman Regulations, require all associations to publish their complaint procedures.

A second requirement states that each association must adopt a “Cost Schedule” in order to charge its members the actual cost for reviewing and copying the records of the association.

Under the new statutory provisions, in order to recover costs, associations must have a policy in place that sets forth the Cost Schedule for the labor and material charges for the requested documents. This Cost Schedule should reflect charges that are reasonable, and costs may not exceed the actual cost incurred by an association.

Our firm can provide assistance with getting these procedures adopted and in place. Please contact Bill Fogarty or Mike Kieffer for additional information.