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Each of the following are key characteristics of community associations EXCEPT:
a. Mandatory lien-based economic charges or assessments are levied on each owner in order to
operate and maintain the community association.
b. Membership in the community association is mandatory and automatic for all owners.
c. A requirement of community association ownership is serving on the board of
directors.
d. Certain documents bind all owners to be governed by the community association. -
CORRECT ANSWER c. A requirement of community association ownership is serving on
the board of directors.
This is one of the three key characteristics common to all community associations. Members of
an association are not legally required to serve on the board of directors; however, the overall
success on the community is dependent upon the members' involvement its affairs.
True or False. The primary purpose of a community association is to provide for the governance,
business, and communal aspects of the association. - CORRECT ANSWER True
Providing for the governance, business, and communal aspects of the association is achieved by
administering, maintaining, and enhancing a residential real estate development, and through the
establishment of a system of property rights, binding covenants and restrictions, and rules and
regulations.
Each of the following are basic types of residential community associations EXCEPT:
a. Planned community
b. Townhouse
c. Cooperative
d. Condominium - CORRECT ANSWER b. Townhouse
While many community associations are indeed townhouse communities, not all such
developments are necessarily associations. A community association is defined in terms of
ownership rights—not architectural style.
Adoption of the annual budget is an example of which of the following type of resolution?
a. policy resolution
b. administrative resolution
c. special resolution
,d. general resolution - CORRECT ANSWER d. general resolution
General resolutions involve routine events such as adoption of the annual budget.
True or false. The purpose of a community association's governing documents is to provide for
the legal structure and operation of the community. - CORRECT ANSWER True
The governing documents define the rights and obligations of both the community association and
its owners, create a binding relationship between each owner and the community association, and
establish the mechanisms for governing and funding the community association's operations.
True or false. According to the general hierarchy of authority for governing documents, the
bylaws would control in a conflict with the recorded map, plat, or plan. - CORRECT
ANSWER False
As a general rule, documents lower in the hierarchy of authority cannot conflict with or change
the terms of those above them. The recorded map, plat, or plan is above the bylaws in the
hierarchy, and therefore would prevail in such a conflict.
Complete the following sentence: A state statute is one that applies only to one
or more types of community associations.
a. general
b. complex
c. specific
d. uniform
CORRECT ANSWER specific
A specific state statute is one that applies only to one or more types of community associations.
For example, most states have a condominium act which provides for the establishment and
operation of condominiums as legal entities. These acts vary in terms of their complexity—the
simplest ones just allow for the creation of condominiums.
True or false. A proprietary lease or occupancy agreement in a cooperative defines the member
or stockholder's rights and obligations in relation to the living unit. - CORRECT ANSWER
True
In a cooperative, the proprietary lease or occupancy agreement serves generally the same
purpose as the declaration, CC&R, or master deed in other community associations. Among
other things, the proprietary lease or occupancy agreement identifies the premises that the
stockholder is permitted to occupy exclusively, defines the term of the lease and the rent that is
payable by the stockholder, and establishes the powers and obligations of the cooperative's board
of directors, including assessment rights.
,Complete the following sentence: The bring the community association
into existence, define its basic purposes and powers, and indicate whether stock will be
issued.
a. recorded map, plat, or plan
b. declaration, CC&Rs, or master deed
c. proprietary lease or occupancy agreement
d. articles of incorporation - CORRECT ANSWER d. articles of incorporation
A community association's corporate structure is established when a developer sets up the
association. The developer files articles of incorporation—sometimes called a corporate
charter—with the appropriate state corporation agency.
True or False. The public offering statement is a governing document, as it often distributed
along with the governing documents. - CORRECT ANSWER False
The public offering statement is not a governing document; instead, it is simply a disclosure
statement that provides information on the community association to prospective buyers.
Each of the following legal sources specify management authority and responsibilities for
community associations EXCEPT:
a. survey data
b. state statutes
c. community association governing documents
d. court decisions - CORRECT ANSWER a. survey data
All three types of legal sources—state statutes, governing documents, and court decisions—
specify the authority or power of different parties in a community association and the
responsibilities or duties of the different parties.
True or false. The basic authority in a community association lies with the developer. -
CORRECT ANSWER False
The basic authority in a community association lies with the owners. In order for the association
to govern effectively the owners elect a board of directors to act on their behalf. The governing
documents delegate most of the association's decision-making powers to a board.
Complete the following sentence: The board of directors in a community association has a to act
in the best interests and for the benefit of the community as a whole.
a. bond
b. fiduciary duty
c. ballot
d. quorum - CORRECT ANSWER b. fiduciary duty
, The board's fiduciary duty has two components: (1) Board members are required to avoid
conflicts of interest and acting out of self-interest. (2) They are also required to act as reasonable
people in managing the association's affairs.
True or false. The "business judgment rule" means that if a board has exercised
reasonable business judgment in making a decision, the court will generally not
consider the board negligent in its fiduciary duty. - CORRECT ANSWER True
Through judicial decision, a substantial body of law has developed concerning the standards to
which directors must conform while conducting a community association's affairs. Many courts
apply the "business judgment rule" to a board's actions.
Which of the following community association committees typically are assigned responsibilities
related to elections, nominations, and architectural standards?
a. standing committees
b. professional committees
c. ad hoc committees
d. mandatory committees - CORRECT ANSWER d. mandatory committees
A mandatory committee is one that is required by the governing documents. Mandatory
committees typically are assigned responsibilities related to elections, nominations, and
architectural standards.
True or false. The role of the professional community association manager is to make all
decisions for the association and to delegate information-gathering and fact-finding support to
the board of directors. - CORRECT ANSWER False
The professional community association manager is charged with assisting the board of
directors' decision making process by means of providing information-gathering and fact-finding
support, implementing the decisions of the board; and administering the services, programs, and
operations of the community association within the policies and guidelines set by the board.
In which of the following forms of community association management is the association managed
by the board itself or by committees under the direction of the board?
a. management company
b. volunteer or self-management
c. association-employed manager
d. municipal management - CORRECT ANSWER b. volunteer or self-management
Self-managed community associations make up a majority of all associations in the United
States; approximately 150,000 self-managed community associations currently exist in the U.S.
In self managed associations, the board itself is responsible for all community association
functions, including maintaining accounting records, preparing budgets, collecting dues, and
staying informed about association resources and best practices.