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Alert: Has Your Association Adopted a Written Policy for Resolving Owner Complaints?

The Condominium and Common Interest Community Ombudsperson Act [1] (“Ombudsperson Act”) is a recently enacted statute that applies to all condominium associations governed by the Condominium Property Act and all common interest community associations governed by the Common Interest Community Association Act. Section 35 of the Ombudsperson Act requires all associations *to adopt a written policy for resolving complaints made by owners no later than January 1, 2019.

The written policy must include (1) a sample form on which an owner may submit a complaint to the association; (2) a description of the process by which complaints are to be delivered to the association; (3) a timeline and manner of making a final determination in response to a complaint; and (4) a requirement that the association issue a written final determination within 180 days after the association received the owner’s complaint.

In order to adopt a written policy for resolving owner complaints, the association must send notice of the proposed written policy to its members and pass a resolution adopting the written policy at a board meeting.

Tressler can assist associations with drafting a written policy that ensures compliance with the Ombudsperson Act. For a limited time, Tressler is offering to draft written policies for associations for a flat rate of $375.

Please contact your Tressler attorney if you would like Tressler to work with your association in drafting a written policy for resolving owner complaints.

*Common interest community associations exempt from the CICAA are not required to have a written policy for resolving owner complaints.