The Fairfax County Consumer Affairs Branch highlights some key points on 2008 Common Interest Community Legislation. The Common Interest Community Board consists of 11 members appointed by the governor. Some of the boards responsibilities include developing regulations, regulation of the complaint process, and the enforcement of these regulations.

1. 2008 Common Interest Community Legislation Consumer Affairs Branch Fairfax County Department of Cable and Consumer Services fairfaxcounty.gov/consumer

2. House Bill 516 and Senate Bill 301 Eleven Member Regulatory Board Management Firm Licensure Requirements Insurance Requirements Expanded The Office of the Ombudsman The Common Interest Community Management Recovery Fund Resale Certificates and Disclosure Packet requirements fairfaxcounty.gov/consumer

4. Title 55 – Chapter 4.2

5. Virginia Property Owners’ Association Act

6. Title 55 – Chapter 26

7. Virginia Common Interest Community Management Information Fund

8. Title 55 – Chapter 29

9. Common Interest Communities

10. Title 54.1 – Chapter 23.3fairfaxcounty.gov/consumer

11. Consists of 11 members appointed by the Governor Three common interest community managers An attorney A certified public accountant A representative of the timeshare industry Two real estate developers Two Virginia citizens who are residents of a common interest community Common Interest Community Board (CIC Board) fairfaxcounty.gov/consumer

12. Development of regulations establishing the licensing and certification of community managers and employees (Title 54.1 Chapter 23.3) Regulation of the complaint process of the Ombudsman’s Office Administration of the Common Interest Community Management Information Fund Enforcement of regulations under its authority Responsibilities of the CIC Board fairfaxcounty.gov/consumer

13. Open to the public Emergency regulations for Provisional Licensing were passed 11/13/2008. Established a regulatory committee for the development of permanent regulations Virginia Town Hall www.townhall.virginia.gov CIC Board and Committee Meetings fairfaxcounty.gov/consumer

14. fairfaxcounty.gov/consumer

15. fairfaxcounty.gov/consumer

16. fairfaxcounty.gov/consumer

17. fairfaxcounty.gov/consumer

18. Must hold a valid license Provisional Licenses could be obtained through December 31, 2008 and are valid through June 11, 2011 Must secure a blanket fidelity bond or dishonesty insurance policy Must establish internal controls and policies and have records audited annually Common Interest Community Managers fairfaxcounty.gov/consumer

19. Must have a blanket fidelity bond or employee dishonesty insurance policy Insures against loss/theft committed by officers, directors, or persons employed by association Insures against loss/theft committed by common interest community manager or employees Coverage must be lesser of $1 million or the amount of reserve balances plus ¼ of the aggregate annual assessment of association Minimum coverage must be $10,000.00 Common Interest Community Associations fairfaxcounty.gov/consumer

20. Falls under the Director of the Virginia Department of Professional Occupational Regulation Ombudsman must be an attorney in good standing with the Virginia State Bar Reports to the Common Interest Community Board Office of the Common Interest Community Ombudsman fairfaxcounty.gov/consumer

21. Assists individuals in understanding and exercising their rights in resolving issues with their associations Maintains data on inquiries, requests for assistance, complaint notices and resolutions of disputes Issues non-binding explanations of laws and regulations governing associations Responsibilities of the Office of the Ombudsman fairfaxcounty.gov/consumer

22. Association Registration Staff Phone: 804-367-0776 Office of the Ombudsman Phone: 804-367-2941 Email: cicliaison@dpor.virginia.gov CIC Board Important Contact Numbers fairfaxcounty.gov/consumer

23. Created to promote the more efficient operation of common interest communities through research and education Funded by assessments paid by the Common Interest Community Managers, fees for licensure and monetary penalties collected Common Interest Community Management Information Fund fairfaxcounty.gov/consumer

24. Changes to the documents to be included in the packet Fees that can be assessed Fee payment responsibility Delivery of the resale packet Resale Certificates and Disclosure Packets fairfaxcounty.gov/consumer

25. For the six months prior to the request for the resale packet Copies of any approved minutes of the board of directors Copies of any approved minutes of the common interest community association member/owner meetings Association Meeting Minutes fairfaxcounty.gov/consumer

26. Varies by how the community is managed Inspection of the property Preparation and issuance of resale certificate Preparation and issuance of the disclosure packet Authorized Fees for Resale Packet fairfaxcounty.gov/consumer

27. Common Interest Community Managed Communities - Fees Inspection fee – no more than $100.00 Preparation and delivery of the resale packet no more than $150.00 -paper format no more than $125.00 – electronic format Expedite fee – no more than $50.00 Additional copies – no more than $25.00/hard copy Actual cost of hand delivery or overnight service Post-closing fee – no more than $50.00 fairfaxcounty.gov/consumer

28. Collected at the time of settlement – out of settlement proceeds Seller responsible for all costs except the following which are the responsibility of the requestor and payable at settlement Costs of any updates Costs of financial updates Collection of Resale Fees fairfaxcounty.gov/consumer

29. Settlement must occur within 90 days of delivery of the resale packet Uncollected fees shall be the personal obligation of the seller Settlement Timeline fairfaxcounty.gov/consumer

30. Fee for preparation and issuance of resale disclosure packet must equal actual cost Actual cost cannot exceed $0.10 per page of copying costs or a total of $100 for all costs incurred No requirement that these fees be paid at settlement Self-Managed Property Owners’ Association fairfaxcounty.gov/consumer

31. May be requested by Settlement Agent Must specify complete contact information Shall be delivered within three (3) business days of the written request Financial Updates fairfaxcounty.gov/consumer

32. Upon request, written escrow instructions shall be provided to the Settlement Agent There shall be no fees charged When transmitting funds, the settlement agent will provide The complete name of the seller and purchaser The address of the subject lot The date of settlement A brief explanation of the application of funds transmitted Escrow Instructions fairfaxcounty.gov/consumer

33. Common Interest Community Resources

34. http://www.fairfaxcounty.gov/consumer/hoa.htm fairfaxcounty.gov/consumer

35. http://www.dpor.virginia.gov/dporweb/cic_main.cfm fairfaxcounty.gov/consumer

36. http://leg1.state.va.us/lis.htm fairfaxcounty.gov/consumer

37. Budget for increased fees for filing annual report Develop written complaint process Review current insurance coverage Develop disclosure packet/resale certificate request form Update disclosure packet/resale certificate packets to include required documents Plan of Action fairfaxcounty.gov/consumer

38. Contact the Fairfax County Consumer Affairs Branch for more information: 12000 Government Center Parkway, Suite 433 Fairfax, Virginia 22035 703-222-8435 TTY 711 www.fairfaxcounty.gov/consumer consumer@fairfaxcounty.gov fairfaxcounty.gov/consumer Contact Consumer Affairs