Frequently Asked Questions

What is a Common Interest Community? | What can the Ombudsman do? | What can't the Ombudsman do?  

What is a Common Interest Community?  

Common Interest Communities (CICs) are designed for community living by a developer (also known as a "declarant"). The community is created by a specific set of legal documents, generally drawn up by the developer and subject to change by the membership (owners). When the developer relinquishes control of the community, the community's affairs are then governed by the Association of owners through an elected board.

The Association board is authorized by law to enforce rules and restrictions (for example, regarding aesthetics), and to collect mandatory assessments to pay for maintenance and improvements to common elements (such as a pool, clubhouse, or just a road or signage). The obligation for owners to pay for insurance, maintenance assessments, and upkeep of shared property other than their own units/lots is the essential characteristic of a Common Interest Community. The relationship between owners and the Association is a financial and legal one.

Neighborhood or civic associations with voluntary dues are not Common Interest Communities under Virginia law.

What can the Ombudsman do?  

• Assist members in understanding and exercising their rights in resolving issues with their common interest community associations (condominiums, property owners' associations, and cooperatives).
• Issue non-binding explanations (not interpretations) of laws and regulations governing Associations.
• Offer referrals to alternative dispute resolution services.
• Assist members in using the procedures and processes available to them in their association to resolve conflicts within the community.
• Receive complaints concerning timeshares, and refer potential violations of timeshare law or regulations to the Common Interest Community Board for further action as warranted. (View complaint form.)
• Receive "notices of final adverse decisions" from individuals who believe an Association violated common interest community laws or regulations. Such notice must be filed on the Board-approved form within 30 days of an Association's notice to a member of its final decision, accompanied by a $25 filing fee (required by law).  

What can't the Ombudsman do?  

• Offer legal advice or interpretation.
• Interpret Association documents such as governing documents, bylaws, etc.