Prince William County Homeowner & Condominium Associations Leadership Seminar October 24, 2014 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 Organizational Chart - DPOR Agency Director Administrative Assistant Regulatory Boards (includes CIC Board) CIC Ombudsman Office Fair Housing Licensing, Investigations, Compliance 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 Ombudsman 9960 Mayland Drive, Suite 400 Richmond, VA 23233 Main Phone: (804) 367-2941 Email: [email protected] Web: www.dpor.virginia.gov/cic-ombudsman 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 Developers of CICs (2) CIC-Related CPA Self-Managed Association Board Member Time-Share Representative 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, Coop 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 Certification Required as of July 1, 2012, for Employees of manager with principal responsibility for management services to a CIC Supervisory responsibility for employees who participate in providing management services Unless 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 o o o o Board Meetings Board Minutes Regulatory Actions Public Comments Board Contact Information What: When: Common Interest Community Board Meeting All Board Meetings begin at 9:30 a.m. 2014 2015 December 4, 2014 March 26, 2015 June 4, 2015 September 10, 2015 December 10, 2015 Where: DPOR, Perimeter Center, 2nd Floor, 9960 Mayland Drive, Richmond, Virginia Note: Public Comment Period at the Beginning of Every Board Meeting CIC Board Contact Information Common Interest Community Board Send mail to: Department of Professional and Occupational Regulation Perimeter Center 9960 Mayland Drive, Suite 400 Richmond, Virginia 23233 Website: www. dpor. virginia. gov Phone: 804-367-8595 Fax: 866-490-2723 Email: [email protected] ANY QUESTIONS?