About Heather S. Gillespie, CIC Ombudsman

Besides being Virginia’s Common Interest Community Ombudsman, Ms. Gillespie was assigned by the Common Interest Community Board to review my complaint against Klingbiel, Powell and Altruz. Here is some background on Ms. Gillespie:

Face to Face with Heather Gillespie, Common Interest Community Ombudsman

I learned yesterday, Ms. Gillespie closed my complaint without reviewing the plethora of evidence, asking for more evidence or asking for additional information or clarification.

I have asked her, and appealed to the Secretary of Commerce, to reopen the case, review the evidence and include me in the process if necessary. This was Ms. Gillespie’s response:

From: DPOR: CIC Ombudsman (DPOR) [mailto:cicombudsman@dpor.virginia.gov]
Sent: Tuesday, September 24, 2013 10:00 AM
Subject: RE: REQUEST TO REOPEN FW: SEE ATTACHED Complaint

You still haven’t provided proof.  You are just making allegations.  That is not sufficient proof to move forward on a complaint. And the violations you are alleging are of the governing documents of the association, i.e. the bylaws.  We do  not have jurisdiction over the bylaws.  I can’t open the complaint again with the same information you originally supplied.  I need factual, clear evidence showing the manager has violated common interest community manager regulations.  Until I receive such evidence I cannot re-open your complaint.

Heather S. Gillespie

You be the judge, read my complaint and consider this:

The Common Interest Community Board has jurisdiction over the acts of Community Managers (i.e. KPA) related to the Bylaws:

Community Managers (i.e. KPA) according to the Board’s Regulations, must not engage in prohibited acts including violating, inducing another to violate, or cooperating with others in violating the condominium instruments (i.e. the bylaws). Also prohibited is intentional and unjustified failure to comply with association governing documents (i.e. the bylaws). Also prohibited is egregious or repeated violations of generally accepted standards for the provision of management services, like failing to comply and failing to encourage clients to comply with the governing documents (i.e.the bylaws). Also prohibited is failing to implement policies and procedures in accordance with the documents (i.e.the bylaws).

Therefore, the Board absolutely has jurisdiction over the acts of Community Managers (i.e. KPA) related to the Bylaws! For example:

Gina Spellman, as Managing Agent for the Heatherlea Association, engaged in improper election activities (ALL PROHIBITED ACTS according to the regulations):

1.             Failed to appoint one or more Inspector(s) of Election prior to the time of the July 30, 2013 Annual meeting, despite several requests,  in violation  of the Bylaws.

2.              Held a membership meeting based on an illegal  vote on July 30, 2013, in violation of Article II, Section 12 and Section 13 of the Bylaws

3.              When there was no quorum at the meeting , failed to instruct Unit Owners’ of their right to adjourn the meeting and reschedule in violation of Article II, Section 6 of the Bylaws (for at least three consecutive years)

4.              Failed to conduct meetings in accordance with Article II, Section 8 of the Bylaws

5.              Failed to allow the membership a proper election in violation of Article III, Section 2 of the Bylaws, for at least three consecutive years

The Common Interest Community Board can impose sanctions against violators. This Blog is full of evidence – factual, clear evidence. I am not expecting the Board to enforce the Bylaws. I expect them to make findings and impose sanctions.  

Common Interest Community Manager Regulations

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