Practice Flash Cards / Questions and answers|
100% correct| 67 pages ( 585 questions)
Community Association (Definition) Correct Answer: a residential homeowners' association in
which membership is a condition of ownership (mandatory) of a unit in a planned unit
development, or of a lot for a home or a mobile home, or of a townhouse, villa, condominium,
cooperative, or other residential unit which is part of a residential development scheme and
which is authorized to impose a fee (assessment) which may become a lien on the parcel.
Assessment Correct Answer: The amount of money a unit or parcel owner pays for their share
of the expenses of the community association. The statute allows association to file an
assessment lien against the unit or parcel if unpaid.
Condominium Correct Answer: that form of ownership of real property created pursuant to this
chapter (Section 718), which is comprised entirely of units that may be owned by one or more
persons, and in which there is, appurtenant to each unit, an undivided share in common elements
What does a condo association own? What is deeded in the association's name? Correct Answer:
Nothing. NOTHING. The association is responsible for the insurance and maintenance, but it has
no deed in its name.
Who owns the common elements in a condominium association? Correct Answer: All the
owners own common elements jointly.
Cooperative (definition) Correct Answer: that form of ownership of real property wherein legal
title is vested in a corporation or other entity and the beneficial use is evidenced by an ownership
interest in the association and a lease or other muniment of title or possession granted by the
association as the owner of all the cooperative property.
In a cooperative, how many deeds are there? Correct Answer: There is one deed. Title to all the
real estate is owned by the corporation. Each shareholder receives a Shareholder's Certificate as
evidence of their capital contribution to the corporation.
In what type of community association would an owner have a shareholder's certificate? Correct
Answer: Cooperative. Owner has a shareholder's certificate if they are part of the cooperative.
Shareholder's Certificate (definition) Correct Answer: What is the evidence of an owner's capital
contribution to the cooperative corporation. This entitles the owner to sign a Proprietary Lease
with the corporation for the exclusive use of the air space for their unit or pad.
Proprietary Lease (definition) Correct Answer: gives an owner (in a coop) the exclusive use of
the air space for their unit or pad.
,Homeowners' Association (definition) Correct Answer: a Florida corporation responsible for the
operation of a community or a mobile home subdivision in which the voting membership is
made up of parcel owners or their agents, or a combination thereof, and in which membership is
a mandatory condition of parcel ownership, and which is authorized to impose assessments that,
if unpaid, may become a lien on the parcel. The term "homeowners' association" does not
include a community development district (CDD) or other similar taxing district created pursuant
to statute.
Who owns deeds in an HOA? Correct Answer: Each parcel owner has a deed to their individual
parcel. The corporation has common areas or property deeded in the corporation's name.
Who owns the dirt on a parcel in an HOA? Correct Answer: The homeowner owns the dirt on
THEIR parcel. HOA owns the dirt on COMMON parcels.
Chapter 607 (definition) Correct Answer: Florida For Profit Corporate Act that governs For
Profit corporations
Chapter 617 (definition) Correct Answer: Florida Not For Profit Corporate Act that governs Not
For Profit corporations
Statute 718 Correct Answer: Governs Condominiums
Statute 719 Correct Answer: Governs Cooperatives
Statute 720 Correct Answer: Governs Homeowners' Associations
Statute 721 Correct Answer: Governs Timeshare Plans
Common Elements (definition) Correct Answer: the portions of the condominium property not
included in the units
Examples of Common Elements Correct Answer: drywall, plumbing, electrical inside the walls,
clubhouse, pool, streets, etc.
In which type of corporation (community association) would the term "common elements" be
used? Correct Answer: Condominium
Limited Common Elements (definition) Correct Answer: those common elements which are
reserved for the use of a certain unit or units to the exclusion of all other units (ie. assigned
parking space, private balcony, private elevator, etc.)
Examples of Limited Common Elements Correct Answer: balcony, private elevator, patio
connected to a unit, assigned parking space, storage unit, boat slip, etc.
Common Areas (definition) Correct Answer: the portions of the cooperative property not
included in the units (ie. clubhouse, pool, streets)
,For what type of association is the term "Common Areas" used? Correct Answer: Cooperative.
Limited Common Areas (definition) Correct Answer: those common areas which are reserved
for the use of a certain cooperative unit or units to the exclusion of other units (ie. balcony,
private elevator, patio connected to the unit, etc.)
Examples of Limited Common Areas Correct Answer: balcony, private elevator, patio
connected to the unit, assigned parking space, storage unit, boat slip, etc.
Association Property (definition) Correct Answer: all real property within a community which is
owned or leased by an association or dedicated for use or maintenance by the association or its
members.
Short Version: property shared by all the owners in a homeowners' association (also referred to
as common property or common area)
Examples of Association Property (common areas or common property) Correct Answer: Pool,
clubhouse, streets, park, entrance feature, etc.
Who owns the paint, tile, and carpet in a condominium? Correct Answer: The homeowner. The
homeowner owns the air space from the drywall and floor inwards.
Who owns the drywall and floor baseboards/concrete in a condominium? Correct Answer:
EVERYONE. Every owner in the condo owns these common elements.
In a Cooperative, what deeds/certificates does an owner possess? Correct Answer: Their
building deed (ie. mobile home deed), Shareholders Certificate (for proof they made capital
contribution), and their Proprietary Lease (so they have the right to their specific space)
If someone lives in a cooperative community, but isn't a Shareholder, what deeds to they
possess? Correct Answer: Their building deed (ie. mobile home deed), and a rental agreement
with the cooperative so they RENT their space that their mobile home is on. Or they RENT the
space their unit is in/on.
Voting Interest (definition) Correct Answer: An owner/member in an association.
What governing documents can be changed to allow associations to impose rules or regulations
for the use of common elements/areas? Correct Answer: usually the Proprietary Lease or
Bylaws
Who can adopt new rules and regulations? Correct Answer: The Board of Directors (AKA
Board of Administration)
Any fee charged for the use of common areas (ie. pool passes or gate keys) must be approved
by... Correct Answer: a majority vote of the members (or allowed for in the governing
documents)
, "Big Vote" Correct Answer: majority vote of members
"Little Vote" Correct Answer: majority vote of members present (quorum normally has to be
met)
A vote is not required to assess fees for exclusive use of common elements/areas, such as...
Correct Answer: rental of the clubhouse for a private party
Where is the term "unit" used? Correct Answer: Condominium
Where is the term "parcel" used? Correct Answer: Homeowners' Assoc.
Where is the term "share" used? Correct Answer: Cooperative
Appurtenance (definition) Correct Answer: additional rights or accessory rights (privileges) that
go with the ownership of property in a community association and include:
-Undivided share in common elements and common surplus
-Exclusive rights to the common elements as provided in the declarations
-Exclusive easement for use of the airspace occupied by the unit as it exists at any particular time
and as the unit may lawfully be altered or reconstructed from time to time
-Membership in the association designated in the declaration
-other appurtenances as provided in the declaration
Examples of "other appurtenances" include: Correct Answer: Use of a golf course membership,
ability to rent your home/unit, and potentially a view
Covenant (definition) Correct Answer: a commitment, agreement, or contract that grants a right
or imposes a restriction on the real estate property or its owner. Covenants and restrictions
maintain the quality of the property and lifestyle of the community.
These covenants run with the LAND
When purchasing a condo unit, cooperative share, or parcel, owners and their family members
and guests agree to occupy, use, and maintain their property in accordance with... Correct
Answer: the covenants and restrictions contained in the documents of the community
What document's provisions create an elaborate contract that binds the owners to the association,
the owners to each other, and the association to the owners? Correct Answer: Covenants
What do covenants do? Correct Answer: make membership in the association mandatory,
impose financial obligations on the owners that pass to future owners, and provide requirements
for the operations of the corporation.
Due Process (definition) Correct Answer: the board of directors will follow the requirements in
the governing documents to ensure equitable compliance to the community restrictions and rules