heather gillespie, cic ombudsman trisha henshaw, executive director, cic board
DESCRIPTION
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 - PowerPoint PPT PresentationTRANSCRIPT
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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
Pri
nce W
illiam
Cou
nty
Hom
eow
ner
& C
on
dom
iniu
m A
ssocia
tion
s
Lead
ers
hip
Sem
inar
Octo
ber
24,
2014
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Organizational Chart - DPOR
Agency Director
Regulatory Boards
(includes CIC Board)
CIC Ombudsman
OfficeFair Housing
Licensing, Investigatio
ns, Compliance
Administrative Assistant
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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.
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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
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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;
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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;
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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.
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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
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80% (cont’d)
Complaint Procedures Requirements Timeframes Consideration Small associations? Subject matter?
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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
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20%
Notices of Final Adverse Decision Complaints
No complaint procedure Failure to respond in reasonable
timeframe
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Notices of Final Adverse Decision
Reserve study Donations Access to books and records Maintenance Amendment of governing documents Embezzlement
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Notices of Final Adverse Decision (cont’d)
Rehearing Virginia Nonstock corporation Proxies Elections Method of communication Manager license
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Contact Information
Office of the Common Interest Community Ombudsman9960 Mayland Drive, Suite 400Richmond, VA 23233 Main Phone: (804) 367-2941 Email: [email protected] Web:
www.dpor.virginia.gov/cic-ombudsman
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From the Common Interest
Community Board
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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)
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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)
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Current CICB Staff Members
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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
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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
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What Disciplinary Authority? Licenses/Certificates
Fine Suspend Revoke
Registrations Cease and Desist
Order Injunction Revocation Fine/Monetary Penalty
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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
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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
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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.
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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
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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
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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
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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
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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: [email protected]
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ANY QUESTIONS?