Complaint Policy

Members of the West Park Community Association (WPCA) and other citizens have a right to complain to the WPCA Board of Directors (Board) concerning any action, inaction, or decision taken by WPCA. The procedure for filing a complaint is outlined below. A sample complaint form is attached. The Board is obligated to respond to a complaint within a reasonable time.

This policy complies with regulation 18 VAC 48-70, Common Interest Community Ombudsman Regulations, under the authority of Virginia Statutes Title 54.1, Chapter 23.3, Common Interest Communities, and Title 55, Chapter 29, Common Interest Community Management Information Fund.

The procedure below and attached complaint form pertain to any complaint about the performance of WPCA and its Board (for example, the Board failed to take action on an issue of concern or failed to perform a function such as providing a disclosure packet to support a timely sale of a member's property covered under WPCA). The complaint form should not be used for raising matters such as a neighbor's misbehavior, snow removal, responsiveness of public utilities, traffic, or other community issues, which may be brought to the Board's attention at any time without using the formal complaint procedure. If, however, a WPCA member or other citizen wishes to complain about the Board's actions or inactions concerning community issues, the complaint form should be used. The complaint form must be used in order to later appeal the Board's final decision on the complaint to the Virginia Common Interest Community Board (see paragraph 11 of the procedure below).

Procedure For Filing A Complaint

  1. Complaints about WPCA actions must be in writing and filed using the Association Complaint Form (sample attached). A downloadable form is available at the WPCA website or will be sent upon an email request to complaints@kpwwpca.org.
  2. The completed complaint form and supporting documentation may be mailed to the WPCA president's mailing address (indicated on the WPCA website's Contacts page or it may be sent as an attachment to an email to complaints@kpwwpca.org. If emailed, the complaint form and attachments need to be provided in Portable Document Format (.pdf). Alternatively, the complaint form and attachments may be hand-delivered to any member of the Board.
  3. WPCA shall provide a formal acknowledgment of receipt of the complaint to the person submitting it (the complainant) within seven days of receipt. At the discretion of the Board, such acknowledgment shall be hand-delivered or mailed by certified mail, return receipt requested, to the complainant at the address provided, or by email to the complainant's email address provided. WPCA shall retain sufficient proof of the electronic delivery of the complaint and the acknowledgement for a period of at least one year after receipt of the complaint.
  4. Copies of pertinent correspondence between the complainant and WPCA must be included with the complaint form. Additional documentation to support the complaint will depend on the nature of the complaint. Examples may include copies of the property's deed and/or plat or architectural drawings or plans. It is not necessary to submit copies of the following WPCA governing documents: Corporation Certificate, Articles of Incorporation, Amendment to Articles of Incorporation (13 December 2011), Deed of Dedication and Subdivision and Deed of Conveyance, Description of Kings Park West Section Twenty-Five (Deed Exhibit A), Declaration of Covenants, Conditions and Restrictions (Deed Exhibit B), Plat of Kings Park West Section Twenty-Five, By-Laws, and Meeting Minutes. However, the complainant should cite the portions of these documents that are applicable to the complaint. To the extent the complainant has knowledge of public laws or regulations applicable to the complaint, the complainant shall provide those references. Finally, the complainant should specify the action or resolution that he/she seeks from the Board. If the Board requires additional documentation or information to be submitted with the complaint form, the complainant will be notified within fourteen days of the receipt of the complaint.
  5. Upon receipt for the complaint, all Board members will be informed of the matter as soon as possible so that the complaint may be addressed in a rapid manner. The Board will subsequently meet to address the complaint.
  6. The Board will reach a final decision on the complaint as quickly as possible, but within thirty days of receipt of the complaint. This time may be extended if the Board requests additional documentation from the complainant (see item 4 above). If the additional documentation or information is not received within thirty days after the Board has requested it and the complainant has not explained or justified the delay or non-provision, the complaint will be considered null and void.
  7. The Board will notify the complainant of the date, time, and location where the Board will meet to consider the complaint. At the discretion of the Board, such notice shall be hand delivered or mailed by certified mail, return receipt requested, to the complainant at the address provided, or by email to the complainant's email address provided. WPCA shall retain sufficient proof of the electronic delivery of the notice for a period of at least one year after receipt of the complaint.
  8. Within seven days after the final determination concerning the complaint is made, the written notice of final determination shall be provided to the complainant. At the discretion of the Board, such notice shall be hand delivered or mailed by certified mail, return receipt requested, to the complainant at the address provided, or by email to the complainant's email address provided. WPCA shall retain sufficient proof of the electronic delivery of the notice for a period of at least one year after receipt of the complaint.
  9. The notice of final determination shall be dated as of the date of issuance and include specific citations to applicable WPCA governing documents, laws, or regulations that led to the final determination, as well as specifying WPCA's Common Interest Community Association registration number.
  10. If the complainant is not satisfied with the Board's final determination, the complainant may appeal to the Board for reconsideration without submitting a new complaint form. The complainant may also request that the complaint be added to the agenda of the next WPCA annual membership meeting.
  11. In accordance with Virginia regulation 18 VAC 48-70, Common Interest Community Ombudsman Regulations, a complainant may appeal the final determination issued by the Board if the complainant believes the determination is opposite of, or does not provide for the cure or corrective action sought by the complainant, and that it is inconsistent with applicable laws, regulations, or WPCA's governing documents. This appeal may be filed as a Notice of Adverse Decision with the Virginia Common Interest Community Board via the Common Interest Community Ombudsman. Brief instructions for filing the Notice of Adverse Determination are contained in the attached Association Complaint Form. The WPCA website has a link to the Common Interest Community Ombudsman Regulations from its Links page to provide more details.

WEST PARK COMMUNITY ASSOCIATION

By: James D. Emery, Jr., President, 25 October 2012


Attachment: Association Complaint Form