Complete Exam-Style Questions with Detailed Rationales | 100%
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SECTION A: GOVERNANCE & LEGAL FRAMEWORK (Questions 1–25)
1. Under the typical hierarchy of community association governing documents, which
document takes precedence when there is a conflict?
A) Bylaws
B) Rules and Regulations
C) Declaration (CC&Rs)
D) Board Resolutions
Correct Answer: C
Rationale: The Declaration of Covenants, Conditions, and Restrictions (CC&Rs) is the
foundational document that runs with the land and takes precedence over bylaws, rules,
and resolutions in the event of conflict. Option A is incorrect because bylaws are
subordinate to the declaration. Option B is incorrect because rules and regulations are
the lowest tier and must be consistent with superior documents. Option D is incorrect
because board resolutions are administrative acts that cannot override recorded
governing documents.
,2. A newly elected board member asks the community manager whether they can vote
on a contract with a landscaping company that employs their spouse. Under standard
fiduciary duty principles, the board member should:
A) Recuse themselves from discussion and voting, and disclose the conflict in the
meeting minutes
B) Vote in favor because the contract benefits the community
C) Abstain from voting but participate fully in the discussion
D) Resign from the board immediately upon learning of the conflict
Correct Answer: A
Rationale: Fiduciary duty requires disclosure of material conflicts and recusal from both
discussion and voting; abstention without disclosure (C) is insufficient. Option B
violates the duty of loyalty. Option D is excessive—disclosure and recusal typically
suffice unless the conflict is pervasive.
3. [Scenario] A condominium association's CC&Rs state that the association is
responsible for "exterior maintenance of all units." A unit owner replaces their own roof
shingles without board approval. The roof leaks and damages the interior of the unit
below. Who is responsible for the repair costs?
A) The unit owner who replaced the roof, because they performed unauthorized work
B) The association, because the CC&Rs assign exterior maintenance responsibility to
the association
C) The owner of the damaged unit, because water damage is always the responsibility
of the unit owner where the damage manifests
,D) The roofing contractor hired by the first unit owner
Correct Answer: A
Rationale: While the CC&Rs assign exterior maintenance to the association, the unit
owner's unauthorized alteration triggered the damage; they are liable for the
consequences of their unauthorized act. Option B incorrectly ignores the unit owner's
intervening negligence. Option C misapplies interior damage allocation principles.
Option D may share liability but is not the primary responsible party.
4. Under most state condominium acts and the Uniform Common Interest Ownership
Act (UCIOA), the percentage of ownership interest used for voting and assessments is
typically based on:
A) Equal shares for all units regardless of size
B) The relative fair market value of each unit as determined by annual appraisal
C) The unit's percentage of the total undivided interest in the common elements, usually
based on square footage or original sale price
D) The number of bedrooms in each unit
Correct Answer: C
Rationale: Ownership interest percentages are established in the declaration and are
typically based on square footage, original sale price, or a formula tied to the unit's
proportionate share of common elements. Option A describes cooperative associations,
not condominiums. Option B is impractical and not standard. Option D has no legal
basis.
, 5. [Select All That Apply] Which of the following are powers typically reserved to the
membership (unit owners) rather than the board of directors under standard association
governance structures?
A) Amending the CC&Rs
B) Adopting the annual operating budget
C) Electing and removing board members
D) Establishing rules regarding unit use and architectural standards
E) Levying special assessments above a statutory or documentary threshold
Correct Answers: A, C, E
Rationale: Amending CC&Rs (A), electing/removing directors (C), and approving special
assessments above threshold amounts (E) typically require membership vote. The
board generally adopts the operating budget (B) and establishes rules (D), subject to
membership ratification or recall in some jurisdictions.
6. A homeowner association's bylaws require a quorum of 50% of the membership for
annual meetings. At the annual meeting, only 45% of owners are present in person or by
proxy. The president asks the manager whether they can proceed with elections. The
manager should advise:
A) Proceed with the meeting; a quorum is presumed present unless challenged
B) Adjourn the meeting to a later date and time as specified in the bylaws
C) Proceed with elections but table all other business
D) Accept telephone votes from owners not present to establish a quorum