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Section 1: Governance & Legal Compliance (Q1-35)
Q1
A homeowner in a community association wants to build a fence that violates the
height restriction in the CC&Rs but argues the Bylaws allow architectural changes with
board approval. Which document prevails?
A. Bylaws because they are more recent
B. CC&Rs because they are recorded and have higher authority
C. Articles of Incorporation because they created the association
D. Rules and Regulations because they are updated most frequently
Correct Answer: B. CC&Rs because they are recorded and have higher authority
[CORRECT]
Rationale: The governing documents hierarchy places CC&Rs above Bylaws because
CC&Rs are recorded land-use restrictions that run with the land, while Bylaws govern
internal operations. Articles create the corporation, and Rules are subordinate to both.
Q2
A manager discovers a conflict between the CC&Rs and the Bylaws regarding parking
assignments. Which document typically prevails in the hierarchy?
A. Articles of Incorporation
B. Bylaws
,C. CC&Rs
D. Rules and Regulations
Correct Answer: C. CC&Rs [CORRECT]
Rationale: The standard hierarchy is: State Law > Articles of Incorporation > CC&Rs >
Bylaws > Rules and Regulations. Board Resolutions are not governing documents but
operational decisions.
Q3
The board of a condominium association wants to amend the CC&Rs to prohibit
short-term rentals. The current CC&Rs require approval of 67% of all members. The
board believes a simple majority vote at the next annual meeting is sufficient. Is the
board correct?
A. Yes, because the board has authority to amend CC&Rs
B. Yes, because a majority vote is the default standard
C. No, because CC&Rs can only be amended by the percentage specified in the
document itself
D. No, because CC&Rs are perpetual and can never be amended
Correct Answer: C. No, because CC&Rs can only be amended by the percentage
specified in the document itself [CORRECT]
Rationale: CC&R amendment requires strict compliance with the voting threshold stated
in the document or state law, whichever is higher. Boards cannot unilaterally lower the
threshold, and CC&Rs are amendable though difficult.
Q4
,A manager drafts new pool rules limiting guests to two per resident. The board adopts
them at a regular meeting. A homeowner claims the rules are invalid because members
did not vote. Are the pool rules valid?
A. No, because all rules require membership approval
B. Yes, if the board has rule-making authority delegated in the CC&Rs or Bylaws
C. Yes, but only if published in a newspaper
D. No, because rules affecting use of common areas always require 75% vote
Correct Answer: B. Yes, if the board has rule-making authority delegated in the CC&Rs or
Bylaws [CORRECT]
Rationale: Boards typically have authority to adopt Rules and Regulations governing
common areas and conduct without membership vote, provided the authority is granted
in the governing documents and the rules do not conflict with superior documents.
Q5
The association's attorney asks the board which document establishes the association
as a legal corporation. The correct answer is:
A. CC&Rs
B. Bylaws
C. Articles of Incorporation
D. Rules and Regulations
Correct Answer: C. Articles of Incorporation [CORRECT]
Rationale: The Articles of Incorporation create the legal entity, define its corporate
purpose and powers, and are filed with the state. CC&Rs create the covenant scheme,
Bylaws govern operations, and Rules regulate conduct.
Q6
, The board delegates all architectural review decisions to the community manager to
expedite approvals. A homeowner challenges a denial. Is the delegation proper?
A. Yes, because the manager is the agent of the board
B. No, because architectural authority cannot be delegated to a manager without
specific document authorization
C. Yes, unless the CC&Rs specifically prohibit it
D. No, because only the full membership can make architectural decisions
Correct Answer: B. No, because architectural authority cannot be delegated to a
manager without specific document authorization [CORRECT]
Rationale: While boards may delegate ministerial tasks, quasi-judicial functions like
architectural review generally require board or committee action unless the governing
documents explicitly authorize manager delegation. Blanket delegation may be ultra
vires.
Q7
During orientation, a new board member asks about fiduciary duties. Which of the
following is NOT a recognized fiduciary duty?
A. Duty of Care
B. Duty of Loyalty
C. Duty of Obedience
D. Duty of Maximum Profit
Correct Answer: D. Duty of Maximum Profit [CORRECT]
Rationale: Board members owe the association duties of Care (prudent management),
Loyalty (acting in association's best interest), and Obedience (complying with laws and
documents). There is no fiduciary duty to maximize profit; associations are nonprofit
entities.