Basic Principles

Front 1

Community Association

Back 1

A residential home owners association in which membership is a condition of ownership of a unit in a planned unit development , or a lot, mobile home, or any other residential entity which is authorized to impose a fee which may become a lien on the parcel.

Front 2

What are the four main types of community associations in Florida?

Back 2

Condominium, cooperative, timeshares and mandatory homeowners associations.

Front 3

What are some benefits of community living? what is something that must be given up, why?

Back 3

Some benefits are less individual maintance responsibilities and amenities. Residents and members must give up some degree of freedom for the benefit of the community.

Front 4

What three parts make up the Condominium

Back 4

1. The exclusive ownership of a single unit. 2. Joint ownership of a percentage of the common elements. 3. Mandatory membership in the association.

Front 5

When is the condominium considered created.

Back 5

When the declaration of condominium is recorded with the clerk of the circuit court in the county where the condominium property is located.

Front 6

Explain three parts of a cooperative.

Back 6

1. Legal title of all real estate is vested in a corporation or Cooperative Association. 2. The right to use the cooperative property is evidenced by the ownership in the corporation or cooperative Association. 3. A proprietary lease provides the owner exclusive right of possession of the unit to the exclusion of others.

Front 7

Mandatory homeowners association

Back 7

A Florida corporation responsible for the operation of a residential community association, wherein membership of the Association is a mandatory condition of parcel ownership.

Front 8

When are mandatory homeowners associations created?

Back 8

When the declaration of covenants, conditions, and restrictions are recorded with the Clerk of circuit court in the county inwhich the land is located.

Front 9

Timeshare

Back 9

Use of property, accommodations or facilities for a period of time less than a full year during any given year.

Front 10

What is the recession period for a timeshare purchaser?

Back 10

Purchasers of a timeshare plan has a 10 day contract recession period.

Front 11

Common property

Back 11

The portion of the community property shared by all owners and members.

Front 12

What is the difference of ownership of the common property between condominiums, homeowners associations, and cooperative, and what do they call common property respectively?

Back 12

1. A condominium common property is jointly owned by all owners and is referred to as common elements. 2. Homeowners associations and cooperatives associations own the common property . 3. In a cooperative the common property is known as cooperative property. 4. In a homeowners association the common property is known as the common area.

Front 13

What happens to the use rights of an owner in a condominium if they lease and unit?

Back 13

The tenant shall have the use rights of the owner and the owner has to use rights of a guest.

Front 14

Limited common elements

Back 14

Common elements reserved for exclusive use by a particular unit or units, to the exclusion of others.

Front 15

Appurtenances

Back 15

Accessory rights inherent in the ownership, including rights to use and have access to all the easement an easement rights available to an association, membership rights, and the percentage of common expenses, Exedra.

Front 16

When does Association have a right to access a condominium unit?

Back 16

When necessary for maintenance, repair, or replacement of a common element, or in case of an emergency to prevent damage to common elements or another unit.

Front 17

In a condominium when can a common element be sold or disposed of?

Back 17

If it's not the association's property and it is a common element it cannot be sold or disposed of without the unanimous approval of all the owners.

Front 18

Special assessments

Back 18

Funds required from a unit owner, other than the assessments required to fund the annual budget.

Front 19

in a condominium who pays for the taxes for the common elements?

Back 19

The tax bills are sent to each owner paying a portion of the taxes for the commen elements.

Front 20

What is the purpose of the Board of Directors?

Back 20

To set policy and conduct the business of the association.

Front 21

When must a Community Association manager be licensed? And what are the four practices?

Back 21

When an association contains more than 10 units or has an annual budget in excess of $100,000 and practices. 1. Controlling a dispersing funds. 2. Preparing budgets or other financial documents. 3. Assisting

In noticing or conducting meetings. 4. Coordinating maintances or other day to day services.

Front 22

What chapter are Community Association managers license under?

Back 22

Part VIII of chapter 468 F.S.

Front 23

Who sets the standard for license application?

Back 23

The Department of Business and Professional regulations.

Front 24

Who adopts the rules relating to license examination, continuing education requirements, fees, professional practice standards and revocation of license? And what do they consist of?

Back 24

1. The regulatory Council of Community Association managers. 2. They consist of seven members appointed by the governor of the state and confirmed by the Florida Senate.

Front 25

What is the basic license period for Community Association managers? What about for cam firms?

Back 25

the basic license period Is for 2 years and all license expire on September 30th of even number years. For cam firms the license is good for 2 years, all license expire on September 30th of odd number years.

Front 26

Covenants running with the land

Back 26

A covenant is a commitment, agreement, or contract that grants a right to impose a liability on the property or its owner.

Front 27

The declaration of covenants and restrictions

Back 27

The documents that establishes the formal regulations for all property in the residential community. Establishes the basic rights and responsibilities of each owner, resident, member, and guests.

Front 28

What does the declaration of condominium establish?

Back 28

Establishes the covenants and restrictions.

Front 29

When is the cooperative created?

Back 29

When the articles of incorporation are filed with the Florida Department of State, Division of Corporations. The cooperative documents are also filed in the public records of the county.

Front 30

What is the Articles of Incorporation also known as? What does it establish? When does it become effective and when may it begin to operate once done?

Back 30

Also known as the corporate charter is the document that establishes the entity responsible for the maintenance, management, and operation of the community property. Articles of incorporation become effective when they are filed with the Department of State, Division of Corporations, once done the association may begin to operate.

Front 31

bylaws

Back 31

The bylaws establish the procedures for carrying out those responsibilities and duties. The actual operation of the association is governed by the bylaws.

Front 32

What is the difference between the rules and regulations of an association and the restrictions and covenants contained in the condominium?

Back 32

They are similar in nature but rules and regulations do not hold the same weight because they are not recorded.

Front 33

What must all proposed amendments contain?

Back 33

All proposed amendments must contain the full text of the amendment and any additions must be inserted in the text with the new words underlined. any words to be deleted from the text must be lined through with hyphens.

Front 34

What is the alternate format?

Back 34

The amendment is to be set out in full with a notation inserted immediately prior to the amendment, substantial rewording of section. See section _____ for present text. If a completely new section has been added to the amendment, the notation should state, new section, amendment does not change present text.

Front 35

What is the required vote to amend the governing documents? After adopted where must the new text be recorded? When do the amendments become effective?

Back 35

2/3 of the voting interest if not provided for. With the Clerk of the Circuit Court where the original documents were recorded. After they have been adopted and recorded.

Front 36

Where must the amendments to the articles of incorporation be filed?

Back 36

With the Florida Department of State to become effective.

Front 37

What is the required vote to change the size of the condominium or cooperative by adding to it or taking away from it, or proposing percentage change of the ownership of shares in the common expenses? What must the amendment be done by?

Back 37

The approval of all owners and lien holders of the units unless provided for. This amendment must be by written joinder and not by simple vote and must be signed before two witnesses and a notary.

Front 38

What percent of voters must for alterations or additions to common elements?

Back 38

75 percent of the total body interest.

Front 39

What is not deemed a material alteration to the common elements?

Back 39

The installation, replacement, and maintenance of hurricane shutters.

Front 40

What is the highest recorded document for a cooperative?

Back 40

The proprietary lease

Front 41

What is the time. By which the purchaser of a condominium or co operative resale has to cancel the contract?

Back 41

A three day period in which to cancel a contract.