Communities continued from page 25 quires fi ve years of direct community association management experience, successful completion of six courses through CAI (approximately 84 hours), and a required examination. 23 Principal or supervisory employees of a management company are required to obtain certifi cation through the CICB. 24 The employee must submit information similar to the management company application concerning convictions and standards of conduct, and must hold a Certifi ed Manager of Community Association (CMCA) from the Community Association Managers International Certifi cation Board (CAMICB), 25 or Association Management Specialist (AMS) 26 or PCAM designation from CAI, or have two years’ experience and complete a comprehensive training program approved by the CICB. The 2019 General Assembly session included House Bill 2099 that proposed removing regulatory requirements for common interest community managers, thereby removing all requirements for licensing and certifi cation. The Joint Legislative Audit and Review Commission (JLARC) conducts program evaluation, policy analysis, and oversight of state agencies on behalf of the Virginia General Assembly. JLARC staff reviewed DPOR and its staffi ng and organization, its pro-cessing of licenses, and enforcement of regulations and rules, and found that, “DPOR licensing requirements are generally appropriate, but regulation of some occupations may not be warranted.” 27 JLARC determined that community managers did not appear to meet the criteria for regulation. The bill did not pass out of the General Laws committee; however, we anticipate this issue may be raised in future sessions. B. COMMON INTEREST COMMUNITY OMBUDSMAN REGULATIONS The CIC Ombudsman Regulations provide the framework and detail for owners to obtain information about common inter-est communities and have an inexpensive forum in which to register a complaint if an owner believes the common interest community association is not compliant with relevant Virginia laws or regulations. 28 The CIC Ombudsman Regulations re-quire all common interest community associations to imple-ment a written complaint procedure. 29 If an owner receives an adverse decision from the commu-nity association, the owner has 30 days to submit a notice of fi -nal adverse claim to the CIC Ombudsman for review. The CIC ombudsman will acknowledge receipt of the claim and send a notice to the common interest community association of the pending claim. The CIC ombudsman may request information from the common interest community association. 30 If the CIC ombudsman determines that the fi nal adverse decision made by the community association is in confl ict with the relevant laws or regulations or interpretations that have been made by the CICB, the CIC ombudsman may, in its sole discretion, determine that the community association is not compliant and require that it correct the violation. The CIC ombudsman may also provide the complainant and the com-munity association with information concerning such laws or www.vsb.org regulations or interpretations by the CICB to assist them in the administration of the community association. 31 CONCLUSION Virginia laws and regulations continue to evolve and expand in regulating common interest community associations and community managers. Owners in common interest commu-nities expect that the restrictive covenants and rules will be enforced and that their community association will follow the law. Associations conversely expect that owners will comply with the restrictive covenants and rules for the community and be compliant with the law. It is when these expectations are not met that the laws and regulations are brought to the forefront for both owners and common interest community associa-tions. Susan Bradford Tarley, CCAL , is a partner in Tarley Robinson, PLC in Williamsburg. Tarley focuses on civil practice including commercial and residential real estate matters, community association law, and small business representation. She has been appointed to the Best Practices for Declarations Committee through Virginia Common Interest Community Board. She is a graduate of George Mason School of Law and Pennsylvania State University. Endnotes 1 Redefi ning Civic Responsibility: The Role of Homeowner Associations and Neighborhood Identity, Mark Huyler, Section 2.3.2 The First Homeowner Association, page 34. 2 Community Associations Institute (CAI) is an international trade organization that provides information, education and resources to community managers, homeowner leaders, and business partners who provide services to community associations. 3 National and State Statistical Review for 2018, Community Association Data, Foundation for Community Association Research, CAI. 4 Va. Code Ann. § 55.1-1940 (A). 5 18VAC48-50-30. 6 July 12, 2019 registration information provided by the Virginia Department of Professional and Occupational Regulation. 7 Va. Code Ann. § 54.1-2348. 8 Va. Code Ann. § 2.2-2100 (A) “Policy” --A board... shall be classifi ed as policy if it is specifi cally charged by statute to promulgate public policies or regulations. It may also be charged with adjudicating violations of those policies or regulations. 9 Va. Code Ann. § 54.1-2349 10 Id . 11 See , http://www.dpor.virginia.gov/Boards/CIC-Board/ July 29, 2019. 12 Va. Code Ann. § 54.1-2351. 13 See http://www.dpor.virginia.gov/CIC-Ombudsman/ July 24, 2019. 14 Va. Code Ann. § 54.1-2354.3. 15 Va. Code Ann. § 54.1-2354.3 (3). 16 Va. Code Ann. § 54.1-2354.4 (C). 17 Id . 18 Va. Code Ann. § 54.1-2349. 19 18 VAC 48-50-10 et. seq . Communities continued on page 33 REAL PROPERTY | Vol. 68 | October 2019 | VIRGINIA LAWYER 29