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100 Cards in this Set
- Front
- Back
A community association is generally defined as real or personal property, owned by two or more entities, which share the responsibility for the costs of maintenance and administration.
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TRUE
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Purchasers of a timeshare plan have a ten-day contract rescission period in which to cancel the purchase
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TRUE
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Not for profit corporations are exempt from federal income taxes.
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FALSE
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A condominium, and a hospital may join together to create a self-insurance pool for windstorm insurance, if approved by the Comptroller
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FALSE
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All community associations have identical legal structures
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FALSE
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The association must mail a notice for a regular board of directors meeting no less than 48 hours in advance.
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FALSE
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If a timeshare property is a condominium, it must comply only with the Condominium Act
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FALSE
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The Florida Fair Housing Act prohibits discrimination on the basis of handicap
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TRUE
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Compliance with the Construction Lien Law is very technical and can have an impact on title to property. Therefore, the board should always consult with the manager regarding lien issues.
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FALSE
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A valid declaration of condominium must contain easements for ingress and egress to all units and the common elements.
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TRUE
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The cooperative is created when the articles of incorporation are filed with the DBPR
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FALSE
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A reason to purchase in a community association is the diversity of neighbors
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FALSE
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The Declaration of Condominium is also called the corporate charter
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FALSE
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Civic groups are governed by the Homeowners Association Act
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FALSE
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When proposing amendments to the documents, a condominium should insert and underline any new words in the text.
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TRUE
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Although the Cooperative Act does not require the recording of amendments with the clerk of the court, the association may wish to consider doing so
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TRUE
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A timeshare divides residential property into specific periods that provides owners with exclusive use rights.
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TRUE
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Any amendment that proposes to change the proportional percentage by which each condominium member shares in the common expenses or owns the common surplus requires approval of all owners and all holders of liens, unless otherwise provided in the documents as originally recorded.
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TRUE
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Appraised value and actual cash value mean the same thing
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FALSE
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The developer is exempt from any management responsibilities as long as he controls the board.
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FALSE
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Purchasers of a condominium or cooperative re-sale unit have a 3 day period in which to cancel the sales contract.
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TRUE
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Limited Common Element is a term used for property owned by a member of an association, but used by all owners
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FALSE
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HOAs may join with other community associations to self insure for general liability insurance
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FALSE
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A homeowners' association may suspend voting rights if an owner fails to pay regular assessments for ninety days or longer, if that authority is contained in the governing documents
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TRUE
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A Condominium will meet notice requirements if it sends an email advising of the meeting to Board members, as long as the notice includes detailed agenda.
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FALSE
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The Community Association Living Council reviews, evaluates and advises the DBPR concerning revisions and adoptions of statutes that affect community associations.
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TRUE
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Homeowners association member meetings require a quorum of 30% of the total voting interest unless a different number is provided in the bylaws.
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TRUE
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The Ombudsman will monitor a cooperative election, if 15% of the total voting interests, or 6 members, whichever is greater, have signed a petition so requesting.
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FALSE
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At an annual meeting of an HOA, even if a quorum is not present, the association may conduct the election if it has received ballots from 20% of the owners.
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FALSE
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The DBPR Governance Form discusses the role of the condominium board in conducting day to day affairs and the rights of unit owners to attend and speak at meetings, among other things.
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TRUE
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Members in a cooperative association may not elect directors by voting in person at the meeting. They must vote by general proxy.
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FALSE
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Unit owners wishing to petition the court for a receivership for their condominiums need only mail to other unit owners and post a notice for 14 days
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FALSE
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The Board of Directors is the managing entity for a community association
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TRUE
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At a condominium election, once the first outer envelope is opened, the association may accept no additional ballots
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TRUE
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All community associations are required to have a financial plan that sets the proposed revenues and expenditures of funds for the maintenance and management of association properties
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TRUE
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All states require that community association managers be licensed by taking a course and passing an examination
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FALSE
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If a community association has a minimum of 50 units, or a budget in excess of $100,000, it must hire a certified Community Association Manager
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FALSE
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If an inner envelope contains more than one ballot is contained, neither ballot is valid.
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TRUE
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To become a community association manager, a person must be at least 21 years of age.
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FALSE
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Unit owners do not have the right to participate in board meetings, unless otherwise provided by the documents
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FALSE
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Preventive maintenance is an approach focused on predicting the likelihood of equipment failure, at which time the equipment is repaired or replaced.
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FALSE
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An association may compensate a Board member for his board service, if allowed in the bylaws or other documents
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TRUE
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In theory, a reserve study may provide the board with guidance on how to keep the association physical assets from deteriorating faster than financial assets increase.
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TRUE
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The CAM Council requires that a candidate for community association manager complete a pre-licensure course at least 6 months prior to the date of examination.
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FALSE
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Six members of a seven member board of directors resign. The remaining director can appoint others to fill the vacancies
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TRUE
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If a board member exercises prudent business judgment, he assures that he understands the requirements of his position and spends sufficient time to properly carry out his functions.
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TRUE
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If a condominium has "opted out," the board has delegated its authority to a community association manager or to the DBPR, who/which will make all operational decisions.
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FALSE
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Class D refers to continuing education requirements for community association managers
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FALSE
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An association of more than 5 units must have no less than 3 directors
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FALSE
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In theory, a well maintained property will generally help keep assessments lower
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TRUE
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Florida law requires all corporations to have a registered agent and registered office
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TRUE
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The board of directors may only remove an officer without cause
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FALSE
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An association may only compensate an officer, if he is providing professional services to the association or is a community association manager
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FALSE
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It is unnecessary to keep copies of drawings and plans for an association once construction is completed
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FALSE
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An association must provide members and non-board members with no less than 7 days notice, if there is no place on the property to post notice. The association may establish a telephone committee to carry out this function.
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FALSE
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A proxy in a condominium is valid for a period of up to 90 days after the date of the first meeting for which it was given.
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TRUE
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Assessments, membership fees, and maintenance fees are different words that are essentially mean the same thing.
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TRUE
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Common expenses for an HOA must include fees to the DBPR.
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FALSE
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Deferred maintenance means any maintenance or repair that will be performed less frequently than yearly and which will result in maintaining or extending the useful life of an asset
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TRUE
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An association may reduce its contribution to the reserve by the % of owners that are late in paying assessments
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FALSE
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John Bowie, President of Boca Chica Condominium, has a 15% interest in Green Growers, a landscape company, with whom Boca Chica is considering doing business. Because he is a minor interest holder, he may vote on this contract at the upcoming Boca Chica meeting.
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False
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Reserves are never required in a homeowners' association, unless required by the association's governing documents
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False
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A possible example of an emergency in a community association is a broken pipe in the wall.
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True
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Unless the governing documents require a membership vote, the board of directors may approve a special assessment.
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True
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The DBPR requires that condominiums and cooperatives follow the annual budget to within 10% of each line item. If an association exceeds the line item by more than 10%, it must amend the budget
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False
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Condominiums, cooperatives, and homeowners' associations must keep all records for at least seven years
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True
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A mobile home is defined as a residential structure, transportable in one or more section, with is 10 body feet or more in width, over 30 body feet in length without a hitch, built on an integral chassis, designed to be used as a dwelling unit or office.
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False
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Merger of one or more HOAs under a plan of merger will result in the dissolution of all HOAs. The owners will be required to create new documents, within 90 days of the merger vote.
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False
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When an owner of a community association sells his unit, the association must reimburse him the amount of reserves he has paid which have not been expended, plus a proportional share of any budget surplus.
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False
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Bylaws are procedural rules created to interpret a declaration, articles or leasehold agreement.
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False
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In a condominium created after April 1, 1992, ownership interests must be based on either the percentage of square footage or divided equally among all units.
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True
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Associations should contact a qualified attorney when filing a lien
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True
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Liability for assessments may be avoided by waiver of use
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False
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The Cooperative Act requires that the Declaration include provisions for the recall of directors
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False
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A timeshare owner may be locked out of his/her unit if he/she are more than 60 days late in payment of an assessment and have been given 30 days notice of that late payment.
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True
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Cash basis accounting is more accurate than accrual basis accounting
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False
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The information provided in the annual corporate report must be accurate as of the date the report is executed.
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True
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An association collections policy should consider how the association will treat partial payments of assessments from owners.
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True
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It is the responsibility of manager to protect, maintain, and enhance the value of the association's property
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True
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An association may charge late fees of $25 or 5%, whichever is less, if permitted in the documents, but only for assessments paid after the 10th of the month.
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False
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FNMA and FHLC have significant impacts on association insurance programs.
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True
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The responsibilities of an owner of a single family home and an HOA parcel are substantially the same.
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False
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An association may reduce its insurance premiums by lowering the deductible level for specific items
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False
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Among other powers, F.S. 617 grants the association the authority to borrow money and purchase and lease property.
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True
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The individual owner's property insurance usually provides "general liability" coverage in case someone is injured within the owner's unit.
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True
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Windstorm insurance is available through the federal government.
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False
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The Condominium Act requirement that "persons who control or disburse funds" must be covered by a fidelity bond only includes those persons authorized to sign checks.
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False
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If the Declaration of Covenants & Restrictions is in conflict with the HOA Act, the Declaration will always take precedence.
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False
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An association does not need to annually rebid a contract if it includes a clause allowing cancellation with 30 days notice.
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True
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A minimum of ninety percent of the owners at a duly called meeting of a condominium is required to cancel a contract made by the developer prior to turnover of control.
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False
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The Condominium Act permits the board to enter into a bulk cable television contract and assess the units on a per-unit basis, unless otherwise provided for in the documents
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True
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A pool which serves no more than 32 condominium units that are not operating as a public lodging establishment may apply to the Department of Health for an exemption from supervision.
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True
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If a contractor does not pay a subtractor for work performed in an association, the subcontractor may place a construction lien against the association and its owners.
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True
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The Fire Marshall is responsible for adopting fire safety rules on new buildings only
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False
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DBPR, Division of Building Professionals, oversees the licensure and certification of architects, general contractors, plumbers, and other building trades.
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False
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An association may use its handyman perform pest control services, as long as he uses pest control substances approved by the EPA..
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False
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If a cooperative owner leases his unit, he relinquishes his right to use common elements to the tenant.
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True
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No fine may exceed $1,000 per violation.
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False
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A condominium or cooperative association may charge a use fee for the use of the common elements if it is provided for in the governing documents, or if a majority of the association membership approved the use fee.
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True
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An HOA owner disputing a fee or assessment or the collection of a fee or assessment must go to arbitration prior to either party taking the matter to court.
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False
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