2024/04/16 Jeremy Wu: Managing Agent Contract. https://bit.ly/3w3Wv4B
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2023/03/30 EJF Acknowledgement Email. https://bit.ly/3zoEpsd
2023/03/21 Chris Eng: Failure to Address Health and Safety Issue of Second Hand Smoke. https://bit.ly/3KpjIT8 |
2023/08/15 CIC Ombudsman Office acknowledged receipt of Notice of Final Adverse Decision (NFAD). https://bit.ly/3KL6HDc
2023/07/17 Kevin Stupay reply on hearing procedure in the Board of Directors meeting. https://bit.ly/3Q4H1VO 2023/07/16 Jeremy Wu's notice to the Board on appearing to speak in the hearing of the group complaint on July 17, 2023. https://bit.ly/44v8i8j 2023/07/13 Kevin Stupay's Notice of Board Consideration of Jeremy Wu Complaint Dated March 16, 2023. https://bit.ly/3rAvgft 2023/07/11 CIC Ombudsman Office letter to Board on Complaint File No. 2024-00053. https://bit.ly/3Q5tsW2 2023/07/03 CIC Complaint Form 481 submitted to the Ombudsman Office. https://bit.ly/3pAA9Vd 2023/06/30 Chronology of Kevin Stupay’s Response to Unit Owners’ Joint Complaint Between June 13, 2023 and June 19, 2023. https://bit.ly/3NtETUF 2023/06/13 Notice of Board Consideration of Jeremy Wu Complaint Dated March 16, 2023. https://bit.ly/3qZY8xm (hand delivered by Kevin Stupay at around 8:30 pm the day before scheduled Board Special Meeting the next day) 2023/03/21 EJF Acknowledgement Letter. https://bit.ly/3JxTnRs 2023/03/19 Complaint appended with additional complainant. https://bit.ly/3FC2Vtc 2023/03/16 Jeremy Wu and 29 Unit Owners: Violation of Section C of § 55.1-1816 and misrepresentation of Board President. https://bit.ly/3lgIqvh |
2023/02/13 Mary Vaughan: Violation of Regency Bylaws on Operation and Care. https://bit.ly/3xTsuBQ
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2023/02/27 EJF Commitment to Produce the Records Required by Section 1.1-1965 as part of the FY2024 budget process and Admission of Non-Existent Documents for FY2023. https://bit.ly/3EGqoJm
2023/01/20 Marlene Gross: FY2023 Budget and Reserve Study. https://bit.ly/3IToRCk |
2024/05/02 Regency Records: Email Thread with Ash Ashjodi
Filing a formal complaint is a fundamental right of condominium unit owners and residents under Virginia law.
Regency residents, including unit owners and renters, have the right under Section 54.1-2354.4 and Section 18VAC48-70-50 of the Virginia code to file a written complaint (also called an "Association Complaint") with the Unit Owners' Association (Association) regarding the action, inaction, or decision by the Board, managing agent, or Association inconsistent with applicable laws and regulations. The complaint must be in writing.
The Complaints and Grievances Protocol is provided in Regency Final Rules and Regulations, effective November 1, 2019. Complaints concerning violations of the condominium instruments, including the Declaration and By-Laws, or Association Rules and Regulations should be referred to the General Manager (gm@regencyatmclean.org) for investigation and resolution.
In the event the General Manager is unable to resolve the complaint, the complaint or matter shall be resolved through the Association due process procedure policy in Regency Resolution #2020-1: Association Complaint Procedures that follows the Regency instruments and Virginia laws.
The CIC Ombudsman may be contacted at:
Office of the Common Interest Community Ombudsman
Department of Professional and Occupational Regulation
9960 Mayland Drive, Suite 400
Richmond, VA 23233
804-367-2941
CICOmbudsman@dpor.virginia.gov
https://www.dpor.virginia.gov/CIC-Ombudsman
Once a Complainant's Notice of Final Adverse Decision has been received, the CIC Ombudsman will send the Complainant acknowledgement of receipt and a copy of the Notice of Final Adverse Decision will be sent to the Association.
If the CIC Ombudsman finds that the Association final determination may be in conflict with the laws or regulations governing common interest communities, the CIC Ombudsman will provide notice of such conflict to the Association and ask the Association to come into compliance.
If the Association does not come into compliance after a reasonable time period, the matter will be referred for investigation and possible enforcement.
Below is a flowchart of the review process of complaint submissions by the CIC Ombudsman.
Links and References
Regency residents, including unit owners and renters, have the right under Section 54.1-2354.4 and Section 18VAC48-70-50 of the Virginia code to file a written complaint (also called an "Association Complaint") with the Unit Owners' Association (Association) regarding the action, inaction, or decision by the Board, managing agent, or Association inconsistent with applicable laws and regulations. The complaint must be in writing.
The Complaints and Grievances Protocol is provided in Regency Final Rules and Regulations, effective November 1, 2019. Complaints concerning violations of the condominium instruments, including the Declaration and By-Laws, or Association Rules and Regulations should be referred to the General Manager (gm@regencyatmclean.org) for investigation and resolution.
In the event the General Manager is unable to resolve the complaint, the complaint or matter shall be resolved through the Association due process procedure policy in Regency Resolution #2020-1: Association Complaint Procedures that follows the Regency instruments and Virginia laws.
- A Regency resident ("Complainant") completes and sends a standard complaint form and sends it by hand delivery or mail or email to the General Manager at gm@regencyatmclean.org.
- The Association or its managing agent shall provide written acknowledgment of receipt of the association complaint to the complainant within seven (7) days of receipt of a written formal complaint. This is a sample of an acknowledgement letter in response to a formal complaint filed by unit owner Jeremy Wu: https://bit.ly/3la6EXR.
- The Board of Directors is expected to consider "issues properly raised in the Association Complaint within 60 days of receiving all information it considers necessary to make a decision and in any event within 90 days after an Association Complaint is received."
- According to the Virginia Department of Professional and Occupational Regulation (DPOR) video (10:43) on the complaint process [5], the Association is required to provide the Complainant Notice of the TIME, DATE, and LOCATION of consideration and do so by hand delivery, mail (registered or certified), or email (with proof of delivery).
- Consideration should usually be held in an open meeting unless there is a valid reason to hold it in executive session.
- Within seven (7) days after the final decision is made on the Association Complaint, a written Notice of Final Determination shall be hand delivered, mailed by registered or certified mail, or email (with proof of delivery), to the Complainant.
- If the Board issues a final decision adverse to the Complaint, unit owners have the right to file a Notice of Final Adverse Decision with the Common Interest Community (CIC) Ombudsman. The notice shall be filed within 30 days of the date of the final adverse decision, shall be in writing on forms provided by the Office of the CIC Ombudsman, shall include (a) copy of the complaint submitted to the Association, (b) any documents or attachments, (c) the final adverse decision from the Association, (d) reference to laws and regulations the final adverse decision may have violated, and (e) copy of the Association complaint procedures, and shall be accompanied by a $25 filing fee.
The CIC Ombudsman may be contacted at:
Office of the Common Interest Community Ombudsman
Department of Professional and Occupational Regulation
9960 Mayland Drive, Suite 400
Richmond, VA 23233
804-367-2941
CICOmbudsman@dpor.virginia.gov
https://www.dpor.virginia.gov/CIC-Ombudsman
Once a Complainant's Notice of Final Adverse Decision has been received, the CIC Ombudsman will send the Complainant acknowledgement of receipt and a copy of the Notice of Final Adverse Decision will be sent to the Association.
If the CIC Ombudsman finds that the Association final determination may be in conflict with the laws or regulations governing common interest communities, the CIC Ombudsman will provide notice of such conflict to the Association and ask the Association to come into compliance.
If the Association does not come into compliance after a reasonable time period, the matter will be referred for investigation and possible enforcement.
Below is a flowchart of the review process of complaint submissions by the CIC Ombudsman.
Links and References
- Code of Virginia, 18VAC48-70-50. Association complaint procedure requirements. https://bit.ly/3ycTGeI
- Code of Virginia, § 54.1-2354.4. Association complaint procedures; final adverse decisions. https://bit.ly/3P53HBs
- 2019/09/04 Final Rules and Regulations, effective November 1, 2019. 31 pages (PDF). https://bit.ly/3P6CPRt
- 2022/12/13 Regency Complaint Form. https://bit.ly/3IecbWQ
- Regency Fillable Complaint Form (created by Jeremy Wu). https://bit.ly/3QW2bng
- 2022/07/07 Sample Association Acknowledgement Letter: https://bit.ly/3la6EXR
- 2020/06/16 Regency Resolution 2020-1 Association Complaint Procedures: https://bit.ly/3w9kBrg
According to Section § 54.1-2354.4 of the Virginia code and Regency Resolution 2020-1, a record of each complaint shall be maintained for no less than one year after the association acts upon the complaint. A "Record of Complaint" means all documents, correspondence, and other materials related to a decision made pursuant to an association complaint procedure. However, as the official repository of Regency books and records, BuildingLink does not have any Record of Complaints, including those known to be filed in 2022 and 2023 or earlier.
In addition, the Regency complaint form is not compliant with the American Disabilities Act. There is no interactive option. The Board and the managing agent EJF have been notified repeatedly by unit owner Jeremy Wu about this issue since 2022, but no corrective action has been taken to date.
In addition, the Regency complaint form is not compliant with the American Disabilities Act. There is no interactive option. The Board and the managing agent EJF have been notified repeatedly by unit owner Jeremy Wu about this issue since 2022, but no corrective action has been taken to date.
On January 20, 2023, Marlene Gross, Commercial Unit Representative on the Board of Directors, filed this formal complaint: https://bit.ly/3YtIV3j. The complaint alleges that she has not received that part of the Fiscal Year 2023 budget including
Unit owner Jeremy Wu filed two formal complaints in July 2022. After being reminded that it was not in compliance with Virginia law and Regency rule, EJF sent two acknowledgement letters respectively. The Board did not hold any hearings and issued two Notice of Final Determination on October 17, 2022. The final determinations were not satisfactory. However, Jeremy Wu was on travel for much of November and December and did not meet the 30-day appeal timeline to the CIC Ombudsman.
2023/03/13 Jeremy Wu: Updated Unsigned Complaint on Violation of Section C of § 55.1-1816 of Virginia Code
2023/03/12 Jeremy Wu: Unsigned Complaint on Violation of Section C of § 55.1-1816 of Virginia Code
2023/02/28 2023-JW-006 Acknowledgement Letters and Tracking Regency Formal Complaints
2023/02/27 Kevin Stupay: Survey of Owner Interest in Loan Option for payment of their Special Assessment
2023/02/26 2023-JW-005 Standardize Board and Committee Agenda
2023/02/18 Kevin Stupay: Board Surveys
2023/02/16 2023-JW-004 Unit Owner Right - Recording Regency Zoom Meetings and Posting Records for All Unit Owners
2023/02/03 Kevin Stupay Reply to Bertrand Chemel's Demand Letter
2023-JW-003 Is the Board in compliance with Virginia laws?
2023/01/28 2023-JW-002 Status of the Management Contract for 2023
2023/01/26 2023-JW-001 Internal Control on Regency Legal Expenses
2023/01/20 Marlene Gross Formal Complaint: https://bit.ly/3YtIV3j
2022/07/19 Jeremy Wu Formal Compliant: https://bit.ly/3jAzuQw
2022/08/04 EJF Acknowledgement Letter: https://bit.ly/3XcbX6i
2022/10/17 Board Notice of Final Determination: https://bit.ly/3jAJUzM
2022/07/05 Jeremy Wu Formal Complaint: https://bit.ly/40tQUPr
2022/07/14 EJF Acknowledgement Letter: https://bit.ly/3la6EXR
2022/10/17 Board Notice of Final Determination: https://bit.ly/3RwZklf
- The current estimated replacement cost, estimated remaining life, and estimated useful life of the capital components;
- The statement describing the procedures used for estimation and accumulation of cash reserves; and
- The statement of the amount of reserves recommended in the [reserve] study and the amount of current cash for replacement reserves.
Unit owner Jeremy Wu filed two formal complaints in July 2022. After being reminded that it was not in compliance with Virginia law and Regency rule, EJF sent two acknowledgement letters respectively. The Board did not hold any hearings and issued two Notice of Final Determination on October 17, 2022. The final determinations were not satisfactory. However, Jeremy Wu was on travel for much of November and December and did not meet the 30-day appeal timeline to the CIC Ombudsman.
2023/03/13 Jeremy Wu: Updated Unsigned Complaint on Violation of Section C of § 55.1-1816 of Virginia Code
2023/03/12 Jeremy Wu: Unsigned Complaint on Violation of Section C of § 55.1-1816 of Virginia Code
2023/02/28 2023-JW-006 Acknowledgement Letters and Tracking Regency Formal Complaints
2023/02/27 Kevin Stupay: Survey of Owner Interest in Loan Option for payment of their Special Assessment
2023/02/26 2023-JW-005 Standardize Board and Committee Agenda
2023/02/18 Kevin Stupay: Board Surveys
2023/02/16 2023-JW-004 Unit Owner Right - Recording Regency Zoom Meetings and Posting Records for All Unit Owners
2023/02/03 Kevin Stupay Reply to Bertrand Chemel's Demand Letter
2023-JW-003 Is the Board in compliance with Virginia laws?
2023/01/28 2023-JW-002 Status of the Management Contract for 2023
2023/01/26 2023-JW-001 Internal Control on Regency Legal Expenses
2023/01/20 Marlene Gross Formal Complaint: https://bit.ly/3YtIV3j
2022/07/19 Jeremy Wu Formal Compliant: https://bit.ly/3jAzuQw
2022/08/04 EJF Acknowledgement Letter: https://bit.ly/3XcbX6i
2022/10/17 Board Notice of Final Determination: https://bit.ly/3jAJUzM
2022/07/05 Jeremy Wu Formal Complaint: https://bit.ly/40tQUPr
2022/07/14 EJF Acknowledgement Letter: https://bit.ly/3la6EXR
2022/10/17 Board Notice of Final Determination: https://bit.ly/3RwZklf