Report on Offices of Community Association Ombudsman
Prepared By:
Community Associations Institute (CAI)
Department of Government and Public Affairs
Updated May 19, 2023
Abstract
This report examines various state and interntational community association ombudsman programs in
Colorado, Delaware, South Carolina, Florida, Illinois, Nevada, Virginia, Ontario (Canada), Queensland,
New South Wales (Austraila), and South Africa. It provides relevant data from the 2020-2021 reporting
period to analyze and compare each program. A brief overview of the histories and funding of each
program also is provided, along with data showing the overall impact these programs have on the
community association industry. This report reveals the number of complaints received and acted upon
is a small percentage of the total number of common interest communities in each state. Summaries of
several pieces of failed legislation to form new programs are included. This report will offer greater
insight into the process of common interest community dispute resolution programs both domestically
and internationally.
Contact:
Dawn M. Bauman, CAE
Senior Vice President, Government Affairs
Community Associations Institute (CAI)
www.caionline.org
dbauman@caionline.org | 888-224-4321
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2
Table of Contents
Map and List of Ombudsman Programs ....................................................................................................... 3
CAI’s Position and Concerns.......................................................................................................................... 4
Existing Programs .......................................................................................................................................... 6
Comparison of Function and Duties ......................................................................................................... 6
Existing Program Data and Statistics ............................................................................................................ 7
Colorado .................................................................................................................................................... 9
Delaware ................................................................................................................................................... 9
Florida ....................................................................................................................................................... 9
Illinois ...................................................................................................................................................... 10
Nevada .................................................................................................................................................... 10
South Carolina ......................................................................................................................................... 10
Virginia .................................................................................................................................................... 10
Unsuccessful Legislative Attempts .............................................................................................................. 11
California ................................................................................................................................................. 11
Connecticut ............................................................................................................................................. 11
Florida ..................................................................................................................................................... 12
International Programs ............................................................................................................................... 12
South Africa ............................................................................................................................................. 12
Ontario .................................................................................................................................................... 12
Queensland ............................................................................................................................................. 13
New South Wales .................................................................................................................................... 13
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3
Map and List of Ombudsman Programs
As of June 2022
States that have a government oversight ombudsman office, community association information
centers, or complaint center:
The following seven states have either an office of community association ombudsman or an HOA
information center (shaded blue): Colorado, Delaware, South Carolina, Florida, Illinois, Nevada, and
Virginia.
Colorado
Amanda Lopez
HOA Program Assistant
1560 Broadway, Suite 925,
Denver, CO 80202
303-894-2166
dora_dre_hoainquiries@state.co.us
Delaware
Christopher Curtin
CIC Ombudsman
820 N. French Street
Wilmington, DE 19801
(302) 577-8943
Florida
Office of the Condominium
Ombudsman
1400 W. Commercial Boulevard,
Suite 185-J
Ft. Lauderdale, FL 33309
954-202-3234
Illinois
Adrienne Levatino
CCIC Ombudsperson
100 West Randolph, 9th Floor
Chicago, IL 60601
(844) 856-5193
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4
Nevada
Jason O. Wyatt
CIC Ombudsman
3300 W. Sahara Avenue, Suite 325
Las Vegas, Nevada 89102
(702) 486-4480
South Carolina
Consumer Services
South Carolina Department of
Consumer Affairs
PO Box 5757
Columbia, SC 29250-5757
(803) 734-4200
Virginia
Office of the Common Interest
Community Ombudsman
9960 Mayland Drive, Suite 400
Richmond, VA 23233
(804) 367-2941
CAI’s Position and Concerns
To date, existing ombudsman programs have a mixed record supporting homeowners living in community
associations. Such offices face several obstacles in meeting its statutory objectives. Among these obstacles
are structural issues, the lack of mutuality in the ombudsman process, added cost/complexity for
homeowner dispute resolution, lack of education of boards and homeowners, the lack of need for such
programs, and more effective alternatives to expanding state control over locally elected community
association boards.
Disputes between a homeowner and an elected community association board are private. State agencies
typically do not have authority to intervene in private disputes. Many ombudsman offices can offer little
recourse to parties complaining about their community association and merely become the repository of
complaints from disgruntled homeowners who disagree with their communities’ established rules,
procedures, neighbors, or boards.
Most often, ombudsman offices serve to create a process for homeowners to file complaints against the
elected board but do not provide the board the ability to file a complaint against a homeowner. Often,
many association complaints are brought by uncooperative homeowners who choose to ignore
community rules and policies. Their actions have a negative impact on the community.
Elected boards should have the ability to use an ombudsman program to enforce community rules. Data
gathered by such programs are unfairly biased against community associations as they are empowered to
represent only one side in any dispute.
Establishing a state ombudsman office also adds complexity to community dispute resolution.
Homeowners associations are democratically elected governing bodies. The adoption of a state
ombudsman program limits local governing bodies and typically adds expense to the process. CAI believes
the focus should be on empowering individuals to solve problems within communities. Mandating a state-
commissioned office to investigate complaints restricts the administrative and democratic process of
community associations over issues easily resolved through an association’s governing documents. This
type of outsourcing is not an efficient use of resources.
Homeownership in a community association requires an understanding of a homeowner’s rights and
responsibilities. Residents in many community associations enjoy a range of amenities, common areas,
and rules that serve to protect and enhance the value of their property. However, these benefits come
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with responsibilities such as payment of mandatory assessments, adherence to rules, and the ability of
the association to enforce those rules. In most cases, disputes between homeowners and associations
arise from a lack of understanding of these rules and responsibilities. Adopting a policy of mandatory
disclosure prior to purchase helps ensure those buying into a community association understand the
requirements and responsibilities of community association living prior to moving in.
Finally, the notion that association problems are widespread is not supported by national surveys. CAI
conducted national surveys over the course of several years on homeowner satisfaction in community
associations.
1
The findings have been remarkably consistent, with close to 9 in 10 residents expressing
positive views of their association in 2005, 2007, 2009, 2012, and 2022. Residents are consistently satisfied
with the actions of their elected boards, with 87 percent of residents surveyed reporting the board
absolutely or “for the most part” serves the best interest of their community
2
.
CAI does not dismiss the fact that homeowners in community associations could benefit from mechanisms
to assist in dispute resolution. CAI believes there are more appropriate alternatives to empower residents
and associations rather than expanding state government powers. CAI believes these mechanisms provide
greater transparency and clear processes to assist with dispute resolution in community associations:
• CAI supports requirements for community association boards to adopt an internal dispute
resolution process. Having a clear process helps manage the expectations of the board and
residents in managing and working through problems
3
;
• CAI also supports the ability of the community association to adopt bylaws or amendments to
governing documents to mandate alternative dispute resolution (ADR) prior to litigation. ADR
allows for a neutral entity to assist the parties in finding a resolution outside of court and often at
a lower cost. In fact, many jurisdictions offer affordable community resolution services
4
;
• CAI also supports mandated disclosures to purchasers in community association prior to closing.
CAI believes all buyers in a community association should know and understand their rights and
obligations prior to moving into a community association. Finally, in many states, the laws that
govern community associations are outdated and do not adequately address the rights and
responsibilities of homeowners, boards, developers, and other key parties in community
associations
5
;
1
Community Associations Remain Preferred Places to Call Home, 2022 Homeowner Satisfaction Survey.
2
Ibid
3
Alternative Dispute Resolution (caionline.org)
4
Ibid
5
Disclosure Before Sales in Community Associations (caionline.org)
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• CAI supports the adoption of the Uniform Common Interest Ownership Act (UCIOA) for states
currently operating under older legal frameworks for community associations
6
.
In light of our concerns and the availability of less intrusive remedies for dispute resolution in community
associations, CAI is inclined not to support ombudsman offices at the state level.
Existing Programs
Currently, Colorado, Delaware, Florida, Illinois, Nevada, South Carolina, and Virginia have some version of
an ombudsman program. The following section contains the duties of each state’s office.
Comparison of Function and Duties
7
Function or Duty
Colorado
Delaware
8
Florida
Illinois
9
Nevada
South Carolina
Virginia
Accepts complaints
Yes
Limited
Yes
Limited
Yes
Yes
Limited
Investigates/verifies complaints
No
Yes
Limited
No
Yes
Limited
Yes
Resolves complaints
No
Limited
Yes
Limited
Yes
No
Limited
In-house mediation
No
Yes
Yes
No
Yes
No
No
Mandates mediation
No
No
No
No
Limited
No
No
ADR referrals
Yes
Yes
Yes
No
Yes
No
Yes
Administrative hearing
No
No
Yes
No
Yes
No
Yes
Monitor election procedures disputes
No
Yes
Yes
No
Yes
No
Yes
Reports alleged election misconduct
Yes
Yes
Yes
No
Yes
Yes
No
Appoints election monitors
No
Yes
Yes
No
Yes
No
No
Per unit fee
No
No
Yes
No
Yes
No
No
6
Support for the Uniform Acts (caionline.org)
7
Colorado Division of Real Estate, 2013 Study of Comparable HOA Information and Resource Centers
8
Delaware Common Interest Community Ombudsman Act, January 2015
9
Illinois Condominium and Common Interest Community Ombudsperson Act, December 2014
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Oversight over declarant boards
No
No
Yes
No
Yes
No
Yes
Protect … from threats, defamation
No
No
No
No
Yes
No
No
Existing Program Data and Statistics
Annual Reporting Period Key Statistics
Colorado (2022
reporting
period)
10
Delaware
(2022
reporting
period)
Florida
(2021-2022
reporting
period)*
11
Illinois
(2021-2022
Reporting
period)
12
Nevada (July-
October
2022)
13
South
Carolina
(2022
calendar
year data)
14
Virginia
(2020-2021
reporting
period)
15
Complaints
received
1,056
50
1,598
313
28
276
214
Largest
category of
complaints
Communication
with
Homeowners/Boa
rd (203
complaints)
Records
Records
Governance
issues
(approx. 84
complaints)
X
Failure to
adhere
to/enforce
covenant/byl
aw
Failure to
respond to
resident
complaint
Complaints
resolved
with
ombudsma
n
interventio
n
N/A
33
X
N/A
18
194
Not
available
10
2022 Annual Report from the Colorado HOA Information and Resource Center
11
Florida Department of Business and Professional Regulation | Division of Florida Condominiums, Timeshares,
and Mobile Homes 2021-2022 Annual Report
12
2022 Ombudsperson Report to the GA
13
Ombudsman-Report_October-2022.pdf (nv.gov)
14
Homeowners Association Complaint Reports | Consumer Affairs (sc.gov) and 2023 HOA Complaint Report
15
Office of the Common Interest Community Ombudsman Annual Report 2020-2021
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Number of
association
s (2020
estimate)
10,410
1,000-2,000
48,940
18,830
3,460
7,060
8,810
Number of
association
residents
(2020
estimate)
2,345,000
101,000
9,653,000
3,799,000
518,000
1,361,000
1,999,000
Complaints
as a
percentage
of
association
residents
0.045%
0.05%
0.0166%
0.0082%
.0054%
0.02%
0.011%
*When additional data (e.g. the number of cases marked as closed successfully versus abandoned) on
the cases listed in Florida’s annual report was requested via a public records request, the Division of
Condominiums, Timeshares & Mobile Homes’ response read “There are no records for the following
request.”
Office Comparisons
Colorado
Delaware
Florida
16
Illinois
17
Nevada
South
Carolina
18
Virginia
19
Budget
Initial-
$205,82
Initial-
$89,300
Capacity-
$242,100
$7,830,522
reported for
FY20-21 for the
Division of
Florida
Condominiums,
$6,627,500
for FY21 for
Division of
Real Estate
$8,685,291 in
2008,
$5,466,100 in
2020
$3,764,539
for entire
Department
of Consumer
Affairs
$1,097,966
revenue,
$1,554,962 in
expenditures
2020-2022
16
Exhibit D-3A: Expenditures by Issue and Appropriation Category
17
Enacted Appropriations by Line Item FY20 and FY21 (xls)
18
SC.GOV Spending Transparency - Annual Category Search Result
19
DPOR Biennial Report 20-22 (virginiainteractive.org)
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9
Timeshares, and
Mobile Homes
Dedicated
staff
2
2
currently,
legislative
capacity
for 5
111 (Division-
wide)
Not
available
22 staff, 7
commissioners
Not available
7 staff, 12
board
members
Colorado
The HOA Information Office does not have regulatory or investigative power. The office tracks inquiries
and complaints. The office also acts as a clearinghouse for information concerning the basic rights and
duties of homeowners, declarants, and homeowners associations under the Colorado Common Interest
Ownership Act (CCIOA). Complaints are logged and issues tracked and reported in an annual report. The
office may contact complainants to discuss their rights and responsibilities, but it will not contact a
homeowners associations or management company.
20
The operating expenses of the office are paid from
the HOA Information and Resource Center Cash Fund. The HOA Information and Resource Center is
statutorily directed to collect information by registrations and from inquiries and complaints filed by
homeowners. The office provides assistance and information to homeowners, homeowners associations
boards, declarants, and other interested parties concerning their rights and responsibilities pursuant to
the CCIOA.
Delaware
The Delaware General Assembly created the Office of the Ombudsperson for the Common Interest
Community in the Department of Justice in August 2014. The office assists residents of common interest
communities to understand their rights and responsibilities and resolve disputes without using the judicial
system. Currently, the office is funded and staffed primarily through the office of the attorney general.
The office is housed within the Attorney General’s Fraud and Consumer Protection Division.
Florida
The Florida Office of Condominium Ombudsman’s mission is to improve the quality of life for Florida
condominium owners through prompt, professional, and courteous service as a neutral, informative, and
accessible resource.
21
The office is limited to matters involving condominium associations. The office is
granted more powers and duties than the information center in Colorado including issuing reports and
20
HOA Information Office and Resource Center
21
Florida Office of the Condominium Ombudsman
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recommendations for legislation and procedures; serving as a liaison between the state, associations,
boards, and unit owners; helping parties understand their rights and responsibilities; coordinating
reference material; and monitoring and reviewing disputes. The ombudsman is appointed by the governor
and must be an attorney.
Illinois
The mission of the CCIC Ombudsperson is to provide information to unit owners, condominium, and
common interest community associations and their boards so all may better understand their rights and
obligations under the Illinois Condominium Property Act and the Common Interest Community
Association Act.
Nevada
The Nevada Office of the Ombudsman for Owners in Common-Interest Communities was created to assist
homeowners and board members to better understand their rights and obligations under the law and
their governing documents and compile an informational database about registered associations.
The Commission for Common-Interest Communities does not have jurisdiction to investigate the
interpretation, application and/or enforcement of governing document disputes nor does the commission
and its administrative law judges (ALJs) have jurisdiction to hear or decide governing document disputes.
22
The ombudsman is appointed by the real estate division administrator and is statutorily required to be
qualified by training and experience to perform the duties and functions of the office.
23
South Carolina
Homeowners associations complaints are handled through the South Carolina Department of Consumer
Affairs. Residents may submit complaint forms either online or through the mail. These forms are standard
across all areas covered by the department, however a questionnaire specific to homeowners associations
complaints also must be filled out. Calls can additionally be placed to the department’s main consumer
services number. Additionally, the department is required to annually publish a report on homeowners
associations complaints received, and the department is expressly forbidden from generating guidance or
adjudicating disputes
24
.
Virginia
The Virginia General Assembly established the Office of Common Interest Community Ombudsman within
the Department of Professional and Occupational Regulation in 2008. Among other things, the
22
Attorney General's Opinion Regarding the Commission's Jurisdiction Over Common-Interest Communities’ &
Condominium Hotels’ Governing Documents, 2008.
23
Nevada Revised Statutes Chapter 116
24
Ibid
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ombudsman is responsible for helping common interest association members understand their rights and
the processes available under the declaration and bylaws of the community association, maintain data on
inquiries and complaints received, and provide an assessment of proposed and existing laws.
The Common Interest Community Ombudsman Regulations—which required associations to create an
internal complaint procedure and guide the work of the office—became effective July 1, 2012. As a result,
the focus of the office transitioned from reviewing complaints to determining outcomes
25
. The office is
funded by the Common Interest Community Management Information Fund.
Unsuccessful Legislative Attempts
Several states have attempted to create a community association ombudsman office within the last few
years.
California
Since 2005, at least three measures have been introduced to create an ombudsman office in California.
An assembly bill was introduced in 2008 that sought to create a new common interest development
bureau/ombudsman pilot program. The bill’s language was similar to the 2005-06 bills and allowed the
state to levy an annual per-unit fee ranging from $10 to $20, for an estimated total of more than $107
million over five years.
26
Connecticut
The Connecticut General Assembly has a history of considering an ombudsman’s office; a bill has been
introduced every session between 2008-11.
25
Office of the Common Interest Community Ombudsman, Report to the House Committee on General Laws and
Technology Housing Commission, Annual Report 2011-2012.
26
CAI 2008 Legislative Yearbook.
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12
Florida
While Florida does have a condominium ombudsman program, in 2022 SB 1296/HB 1033, Homeowners’
Association Ombudsman, was introduced in the state legislature
27
. This bill would have created an
additional, homeowners association-focused ombudsman program with little input from appropriate
stakeholders. This bill would have added additional burdensome layers to homeowners association
administration by mandating the creation of an appeals committee. At the same time, the bill would have
stretched the already overextended condo arbitration program by adding homeowners associations into
the mix. While the ombudsman’s office would be separate, it would have utilized existing mechanisms to
address disputes. The program would have been funded with general revenue money.
International Programs
South Africa
In South Africa, complaints are handled at a national level through the Community Schemes Ombud
Service (CSOS), an agency under the Department of Human Settlements
28
. Per its mission statement, the
CSOS is responsible for providing services including an alternative dispute resolution, promoting
community governance, and offering training, information and education.
29
Ontario
Condominium-related issues in Ontario, Canada, fall under the jurisdiction of Condominium
Management Regulatory Authority of Ontario (CMRAO). The CMRAO was first established in 2015 and
began operations in 2017
30
. Responsibilities of the authority include manager licensure, investigating
homeowner complaints, providing information to homeowners and boards, and resolving disputes
31
.
The CMRAO has the authority to issue fines for violations, and resolve disputes between boards,
managers, and homeowners
32
. According to its website, the CMRAO explicitly prefers aggrieved parties
27
SB 1296 (2022) - Homeowners’ Association Ombudsman | Florida House of Representatives
(myfloridahouse.gov)
28
Community Schemes Ombud Service (CSOS) - Overview (nationalgovernment.co.za) and HOA disputes: avenues
of resolution for the aggrieved resident - Abrahams & Gross Attorneys (abgross.co.za)
29
Mandate – CSOS
30
Condominium Management Services Act, 2015, S.O. 2015, c. 28, Sched. 2 (ontario.ca) and History – Home –
CMRAO
31
Ibid
32
Condominium Management Services Act, 2015, S.O. 2015, c. 28, Sched. 2 (ontario.ca)
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first attempt internal dispute resolution processes, and that complaints to the CMRAO be used only as a
last resort
33
.
Queensland
The Office of the Commissioner for Body Corporate and Community Management handles the functions
of a common interest community ombudsman in Queensland, Australia. In addition to receiving
complaints from homeowners, the office also adjudicates disputes between unit owners and board
members.
New South Wales
New South Wales maintains a Department of Customer Service, which contains an Office of Fair Trading,
which is responsible for issues related to common interest community registration and governance.
Annual registration requirements began in July 2022, with the goal of creating a central database of the
roughly 84,000 common interest communities in New South Wales
34
. The office maintains its own
mediation service, which is only available once internal dispute resolution processes have been
exhausted
35
.
Conclusion
While certain domestic stakeholders may view the common interest community ombudsman favorably,
the data demonstrates that overall, these programs have a negligible impact on a small fraction of
communities across the country.
It is clear from the data that much of the complaints received by common interest community
ombudsman offices revolve around routine procedures, suggesting that a focus on improving existing
lines of communication between residents and boards may be a more effective alternative than formal
administrative action by a state entity. Additionally, the lack of formal mechanisms for association
boards to file complaints paints an unfair picture of the association as the cause of problems.
Finally, alternative dispute resolution mechanisms are often available, and CAI feels they should be
utilized alongside a formal dispute resolution process outlined in an association’s governing documents.
While there are limited cases where state action is warranted, most complaints can be handled through
alternative means.
33
Complaints Process – Home – CMRAO
34
Strata annual reporting | NSW Government
35
Strata disputes | NSW Government
