The SCC has been provided a preponderance of evidence — evidence gleaned from Defendant's own records available to Residents at the Defendant's website. The SCC has not shown us the Defendant's response to the Complaint. The Complaint was filed more than a month ago and to my knowledge it has not been forwarded to Defendant. I did not get a response from the SCC when I asked when Defendant's response is due.
Following was sent to SCC staff:
If the Commission has no jurisdiction over the issues raised in my Complaint, "A Guide to the Regulation of Continuing Care Retirement Communities in Virginia”, page 8,
Residents are afforded the following rights under Chapter 49:
To self-organize
• Residents shall have the right of self-organization.
• No retaliatory conduct is permitted against a resident for participating in a residents’
organization or filing a complaint.
offers no protection to residents of CCRCs.
One does not require a definition of “self-organize” to conclude that Ashby Ponds Resident Advisory Council — created and operated according to the following three documents is unambiguously not self-organized:
Ashby Ponds Resident Advisory Council Constitution & Bylaws (7 pages)
Resident Advisory Council Handbook (13 pages)
Ashby Ponds Resident Advisory Council Policies and Procedures (12 pages)
If the “preponderance of evidence” is the standard for resolving disputes, it can be achieved without a definition of “self-organize”. The Commission or your office could rule on Item #2 of the requested "RESOLUTION OF COMPLAINT”.
Rights stated in Code of Virginia, § 38.2-4910 shall not be granted to Ashby Ponds’ residents that are not self-organized.