CORRECT| 160 QUESTIONS WITH COMPLETE SOLUTIONS
Articles of incorporation Correct Answer: Bring the corporation into existence,
define its basic
purposes and powers, indicate whether stock will be issued, and indicate whether
there will be a board
of directors
Bylaws Correct Answer: Formally adopted governing regulations for the
administration and management of a community association
CC & Rs (Covenants, Conditions & Restrictions) Correct Answer: The governing
documents that
dictate how the homeowners association operates and what rules the owners—and
their tenants and guests —
must obey. These legal documents might also be called
the bylaws, the master deed, the houses rules or another name. These documents
and rules are legally enforceable by the homeowners association, unless a specific
provision conflicts with federal, state or local laws
Community association Correct Answer: A group of owners who wish to provide
a communal basis for preserving, maintaining, and enhancing their homes and
property
Condominium Correct Answer: A living unit fully owned by an individual with an
undivided interest in the common elements of the community. The community
association itself owns no
real estate as an association
Cooperative Correct Answer: Wherein an individual owns stock or membership in
the cooperative, and holds a proprietary lease or occupancy agreement for his or
her living unit
Declaration Correct Answer: Used interchangeably with CC & Rs
Governing documents Correct Answer: Documents which provide for the legal
structure and
operation of the community
,Indemnification Correct Answer: to exempt an individual or entity from
responsibility for claims made against the organization and to reimburse the
individual or entity for damages or expenses incurred as a result of such claims
Master association Correct Answer: An organization of homeowners in a large
condominium or planned unit development (PUD) which includes representatives
from other, smaller
homeowner organizations
Mixed use development Correct Answer: A development which is designed to mix
two or more
"uses" of land together (i.e. a shopping center which offers office space for
dentists)
Planned community Correct Answer: the most common type of community
association, where an owner owns his or her lot and/or living unit and the
community owns any common areas, such as tennis courts and roads for the use
and benefit of the lot owners
Proprietary lease Correct Answer: A rental agreement between a cooperative
housing corporation and a share holder allowing use of a certain unit in the
premises
Public offering statement Correct Answer: A disclosure statement prepared by a
developer that
contains all material facts about a property offered for sale and that must be
provided to a prospective purchaser in accordance with applicable state or federal
law
Resolution Correct Answer: A motion that follows a set format and is formally
adopted by the board of directors
Statute Correct Answer: A formal written enactment of a legislative authority that
governs a country, state, city or county
Umbrella association Correct Answer: A cluster of community association types
that can include aspects of homeowners associations, condominiums and
cooperatives
, Ad hoc committee Correct Answer: Used when an objective needs consideration
and no standing
committee within the organization can absorb that issue into its scope. Usually
these
committees
are used on a short
-
term basis, such as temporary oversight of an issue
or review of the standing rules of that community
Board liaison system Correct Answer: Directors are assigned to certain
committees to guide the
committee on Board policy and procedures and to repo
rt back to the Board.
Directors serving as a liaison must distinguish their role from the role of the
committee chairperson.
Business judgment rule Correct Answer: If a board has exercised reasonable
business judgment in
making a decision, the court will generally not c
onsider the board negligent in it
s
fiduciary duty, nor will the court substitute its judgment for that of the board
Fiduciary duty Correct Answer: Requires directors to act in the best interests and
for the benefit of
the corporation, thus the community as a whole.
the members are required to avoid conflicts
of interest and acting
out of self-interest;
the members are also required to act as reasonable
people in managing the association's affairs
Management ethics Correct Answer: consists of a review of governing
documents and existing policies and procedures, current condition of the property,
owner/resident satisfaction, and fiscal operations. This review can be done by the
board and man
ager together, or a third
-
party management consultant can be hired