Florida CAM License Exam Questions | 100 Questions with 100% Correct Answers 2024

Florida CAM License Exam Questions | 100 Questions with 100% Correct Answers

Condominium form of ownership is comprised of units owned by one or more persons and joint ownership of __ share in the common elements.A. a percentageB. an undividedC. a proportionalD. a complete
Under the General Corporate Law , community associations have the right to buy, sell or lease real property. Under the condo and co-op laws , condos and coops have the specific authority to acquire title.A. 617 / 718 & 719B. 623 / 707 & 708C. 621 / 718 & 719D. 607 / 718 & 719
A person doing the following for remuneration must have a license.A. Posts notices for meetings and chairs committee meetingsB. Prepares budgets and financial statements.C. Supervises maintenance.D. All of the above.
Application for renewal of a CAM license shall be postmarked by . If renewal application is postmarked after _ of the renewal year, the license shall be deemed expired.A. September 30, September 30B. October 31, October 31C. September 30, October 31D. December 31, January 1
Restrictive covenants that run with the land as permanent restrictions remain in effect until __.A. The majority of the owners vote otherwiseB. All of the owners agreeC. The developer cancels themD. The community is terminated
The Cooperative documents must contain all of following except __.A. Documentation of each ownerB. Identification by unit number/letterC. Recognition of ownerD. Definition of the grounds lease
The _ creates the association and the _ creates the condominium.A. Declaration of Condominium / Articles of IncorporationB. By-Laws / DeclarationC. Articles of Incorporation / DeclarationD. Articles of Incorporation / Bylaws
What defines the membership and the voting rights of the Association?A. Corporate CharterB. Declaration of CondominiumC. By-LawsD. Rules and Regulations
The __ establish(es) the procedures for carrying out the day to day responsibilities of the association.A. Articles of IncorporationB. Declaration of CondominiumC. By-lawsD. Rules and Regulations
If the governing documents of an association conflict, which of the following is the proper order of priority?A. By-laws, Declaration, Articles of Incorporation, Board Rules and RegulationsB. Declaration, Articles of Incorporation, By-laws, Board Rules & regulationsC. Articles of Incorporation, Declaration, By-laws, Board Rules and RegulationsD. Declaration, Board-approved Rules, Articles of Incorporation, By-laws
When we are talking about amending the documents, which of the following is correct?A. If proviso made and percentage stated, then that percentB. If no proviso, then 100%C. If proviso made but no percentage stated, then 66 2/3%D. All of the above
In a Chapter 720 Homeowners Association, which of the following is required to amend the governing documents?A. A majority vote of the board of directors at a regular business meetingB. A majority vote of all the voting interests in the associationC. A majority vote by the Board of Governors at an amendment meetingD. Approval of 2/3 of the voting interests in the association
That property owned by the association for the use and benefit of its owners is called _.A. limited common elementsB. condominium parcelC. common elementsD. association property
The portion of the community property shared by all of the owners and members is _.A. Limited Common ElementsB. Association PropertyC. Common ElementsD. All Easements
The part of a condominium that is subject to exclusive use is called _.A. common elementsB. association propertyC. a unitD. easements
Common elements may be enlarged _.A. by a majority vote of the BoardB. only if the Association has the appropriate funds availableC. by a two-thirds vote of the ownersD. by an amendment of the declaration of condominium
Condominiums created after April 1, 1992 may allocate shares of common elements by __.A. Square footageB. Equal basisC. Developer’s methodD. Both A or B
The board of directors at the Sunshine Condominium agreed to increase the size of the main swimming pool. Which of the following would be required to make this happen?A. A majority vote of the directors at a board meetingB. Approval by the Chairman of the Grounds CommitteeC. Approval by 75% of the unit owners present at a budget committee meetingD. Approval by 75% of the total voting interests of the association
Prior to transition of an HOA, the developer may amend the documents __________.A. only with a majority vote of the ownersB. by filing a certificate with the StateC. in any way he sees fitD. subject to a test of reasonableness
The developer supplies the association with the copies of the certificates of occupancy _.A. as he gets themB. when he thinks they need themC. at transitionD. when asked for them
The association has the irrevocable right of access to each unit during reasonable hours for _.A. Maintenance, repair or replacement of common elementsB. Replacement of wall coverings, floor coverings, and appliancesC. Inspection for rules violationsD. Only with owner
For HOAs, members other than the developer are entitled to elect at least one member of the board if at least __ of all parcels have been conveyed to members.A. 10 percentB. 50 percentC. 30 percentD. Two-thirds
Notice of an annual or special meeting usually does not contain __.A. Purpose of the meetingB. Date and time of meetingC. Social events scheduledD. Place of meeting
In a condo, the owners must be given __ days notice before the meeting to approve the budget.A. twoB. tenC. fourteenD. thirty
It usually takes _ days notice for a Board of Directors meeting and _ days notice for an Owners meeting.A. 14 / 14B. 14 / 2C. 2 / 2D. 2 / 14
Which would not be used as a proper method of meeting notification?A. US MailB. Hand DeliveryC. Telephone callD. Electronic transmission
The document which designates the one person who will vote for owners of a corporation is called a _.A. proxyB. resolutionC. voting certificateD. designation
What must be indicated on the outside envelope for a secret ballot?A. Name of voterB. Unit or unit numbers being votedC. Signature of voterD. All of the above
In addition to giving notice to all owners of a meeting, proof of notice is required. This is done by a(n) _ from an officer of the association or by USPS of mailing.A. certificate / affidavitB. affidavit / affidavitC. affidavit / certificateD. certificate / certificate
Who/What usually determines the eligibility of members to serve on the Board of Directors?A. The Board of DirectorsB. The members at the annual meetingC. The By-LawsD. The Declaration of Condominium
The general corporate law of Florida _ require that officers be directors and __ require that directors be members.A. does / does notB. does not / doesC. does not / does notD. does / does
Which of the following statements concerning elections is false?A. In condo associations of more than 10 units, co-owners of a unit may not serve on the board at the same time.B. A person delinquent over 90 days for any fee or assessment is ineligible to serve on the board.C. A corporate owner of a unit may not serve on the board.D. If a board member’s term is expired, he/she will be automatically reappointed if there is no one interested in running for the board.
Which of the following is false concerning the certification of new members of an association board?A. He/she must certify he/she has read the governing documents and policies.B. Certifications must be maintained for at least five years.C. He/she can also provide certificate of completion (between 90 days before or one year after the election) of the curriculum administered by a DBPR approved condominium education provider.D. The new director will be suspended if the certification requirements are not fulfilled
Which is false concerning a secret ballot?A. Ballots shall be placed into an inner envelope.B. Ballots should indicate unit number to ensure double votes are not cast.C. Only one ballot may be placed in an inner envelope.D. More than one inner envelope may be placed in an outer envelope.
The governing documents for the Water’s Edge Condominium call for a board of directors of between three and seven members. The board currently consists of five members but the board wants to increase the number to seven. When should this usually be done?A. It does not matter because the board can appoint two additional directors anytime it wants.B. Anytime within 90 days of the last election the board can simply appoint two new directors.C. On the actual election day, just before the ballot box is sealed.D. At a membership meeting prior to the annual election.
A member of the board of directors writes a letter of resignation on May 10th stating that his resignation is effective May 30th. The association receives the letter on May 20th. When is the resignation actually effective?A. May 10thB. May 20thC. May 30thD. The day after it is approved by the Division
If a recall is disputed, then the board must file with the Division a petition for binding arbitration within __ business days.A. 30B. 14C. 10D. 5
If the documents do not set forth the officers, then each condominium and cooperative must have a minimum of _ officers which could consist of __ people.A. three / threeB. Three / twoC. Both A & BD. Nether A or B
A condominium board of directors wants to appoint three new vice presidents. Which of the following is true?A. The board may appoint no more than two vice presidents without approval of the Division.B. Unless prohibited by the documents, the board can appoint as many officers as it wants, but only two of those officers can be appointed as vice presidents.C. The board must obtain the approval of 75% of the membership in order to appoint more than one vice president.D. As long as it is not prohibited by the documents, the board may appoint them.
The election of officers usually takes place at the _.A. annual owners meetingB. board of directors meetingC. organizational meetingD. special owners’ meeting
All Board of Directors meetings are open meetings and any member of the association may attend with the exceptions of _.A. Board meetings to discuss pending or proposed litigationB. Board meetings to discuss personnel issuesC. Board meetings to discuss pending or proposed litigation with the attorney presentD. B & C above
elect directors and ___ elect officers.A. Owners / ownersB. Members / membersC. Owners / directorsD. Directors / owners
__ notice is required for a Board of Directors meeting.A. One dayB. Forty-eight hourC. Three dayD. Twenty-four hour
Items not on the board meeting agenda should not be discussed unless it is an emergency item that is approved by _.A. the Board unanimouslyB. a majority of the Board presentC. a majority of the Board plus oneD. None of the above
Which of the following is false. Directors can __.A. vote by proxyB. vote by voice voteC. vote by secret ballot for officersD. vote by raising their hand
For board of directors meetings, notice to owners _.A. Must be mailed to ownersB. Must be posted conspicuously on the property 48 hours in advanceC. Can be by telephone or hand deliveryD. Must be posted fourteen days in advance
After the board of directors votes to approve a routine expenditure, one of the members in the audience who arrived late stands up and asks to discuss the issue. What should the president do?A. Allow the owner to speak for no more than 3 minutes.B. Let the owner speak his mind, then call for a revote.C. Declare further debate is out of order and continue the meeting.D. Call security and have the owner removed.
If a proxy is given on May 30th for a meeting on June 13th, when does it expire?A. 30 days after the meeting is scheduled for the first timeB. 90 days after the original meeting for which it was issuedC. 120 days from when it was signed or mailed, whichever was firstD. 90 days after the last meeting when the motion was approved
Per 718 and 719, associations must maintain a roster containing __.A. Name, address, registered voter and telephone numberB. Husband’s name, wife’s name, address and telephone numberC. Name, address, unit number and telephone numberD. Name, unit number, registered voter and telephone number
Association records must be made available to a unit owner within _ miles of the association property or within the county of the association property.A. 10B. 15C. 30D. 45
The following is not an example of official documents releasable to an owner.A. insurance policiesB. financial recordsC. personnel recordsD. meeting minutes
A budget is merely a preview of __.A. next year’s incomeB. past year’s expensesC. next year’s expensesD. past year’s income
A two-building cooperative gets estimates for roof replacements. The board is surprised to find that it will only cost $6,000 per building to replace the roofs. Which of the following is correct with respect to roof reserves?A. Roof reserves are not required because each roof is less than $10,000.00.B. Roof reserves are the option of the board.C. Roof reserves are required by the statute, regardless of cost, and the law requires that the reserves for both buildings be kept together in one consolidated account because the combined replacement cost is greater than $10,000.D. Roof reserves are required by statute, regardless of cost, and the reserves for each building roof may be maintained in separate reserve accounts, if desired
When reserve funds are not funded fully, it requires __ to approve the action.A. 51 percent of the ownersB. 67 percent of the ownersC. 75 percent of the ownersD. a majority vote at a duly called meeting of the Association
Most budgets are adopted by the __.A. Board of DirectorsB. OwnersC. Board of Directors and the OwnersD. Management
Condominium assessments must be paid at least _.A. AnnuallyB. QuarterlyC. MonthlyD. Weekly
The members of the Surf and Sand Condominium successfully petitioned the board to reconsider the annual budget. Within how many days of receiving the petition does the board have to call a special meeting of the membership to reconsider?A. 10 daysB. 14 daysC. 21 daysD. 60 days
What does not have to be on a claim of lien against a Cooperative parcel?A. the amount dueB. The name of the unit ownerC. The due dateD. List of other liens against the unit
If a developer does not guarantee the budget, dues are collected on all developer-owned units from _ until the date the developer sells the unit.A. the date the Declaration is recordedB. the date of the certificate of occupancyC. when the developer starts collecting assessments on other unitsD. Both A & B
Which of the following items do not need to be turned over to the Association by the condominium developer?A. Architect/engineer inspection reportB. Total sales income of all unitsC. A copy of the plans and specificationsD. All written warranties still in effect
Which of the following is not an example of accrual accounting?A. Annual assessments booked monthlyB. Prepaid insuranceC. Posting the June landscaping bill on the date it was received, July 3rdD. Posting an early assessment payment to prepaid assessments
Upon the request of a unit owner, the Board of Directors must deliver a Certificate of Status of Assessments within __ days.A. fiveB. tenC. fifteenD. twenty
An association with fewer than _ units or having revenues less than __ is only required to prepare a report of cash receipts and expenditures.A. 10 / $150,000B. 75 / $150,000C. 50 / $150,000D. 50 / $300,000
The Shady Oaks condominium has 299 units and an annual revenue of $303,000.00. Unless the membership votes to change it, what type of financial statement is required?A. ReviewedB. CompiledC. AuditedD. Cash report
Property taxes on the common property of an association are assessed against _.A. The associationB. The developerC. The individual unitsD. Not-for-profit associations do not have to pay property taxes
Risk control includes which of the following?A. Exposure controlB. Loss preventionC. Contractual transfer of riskD. All of the above
Risk retention is sometimes referred to as __.A. Self InsuranceB. Segregation of ExposuresC. IndemnificationD. Not very advisable
In the order of importance, the three basic requirements for investing the association funds are , , and __.A. liquidity / safety /returnB. return / safety / liquidityC. safety / return /liquidityD. safety / liquidity / return
The form that verifies that a contractor has adequate liability and worker’s compensation isnurance is called a _.A. Liability policyB. Performance bondC. Certificate of InsuranceD. Statement of Work
Which of the following insurance claims adjusters would be paid for by the insurance company?A. Insurance company employeeB. Public adjusterC. Independent adjusterD. Both A and C
The Blown Wind Condominium experienced $100,000 damage during Hurricane Helga. The building value is $1,000,000 and the wind policy has a 3% deductible. How much should the Association plan on receiving from Citizens Insurance?A. $100,000B. $97,000C. $30,000D. $70,000
The two general types of property insurance are _ and _.A. General / SpecificB. General / All RiskC. Named Peril (Special Form) / All RiskD. Named Peril (Special Form) / General
Which of the following in regards to hazard insurance applies to a condominium built in 1980?A. The association must insure the common property and the owners personal property located inside the unit.B. The association must insure only the portion of common property located outside the units.C. The association must insure the condominium property located outside the units, as well as the condominium property inside the units as such property was initially installed.D. Condominiums built prior to 1985 do not have to be insured.
Association employees who handle funds and the President, Secretary and Treasurer of the association should be bonded for _.A. $10,000 if annual gross receipts do not exceed $100,000B. $30,000 if annual gross receipts do not exceed $300,000C. an amount equal to the annual assessmentsD. the maximum funds that will be in the custody of the association at any one time
The type of insurance that protects members of the Board of Directors except for Fraud, Ignorance or Lack of Due Caution is called .A. LiabilityB. CasualtyC. All PerilsD. Directors and Officers “76. The definition of “”public lodging establishment”” includes any unit that is regulary rented for periods of less than days.A. 15B. 30C. 45D. 60″
Associations operating a public lodging establishment should be aware of Florida Statute 509 which concerns _.A. Elevator operationsB. Fire safetyC. Building codesD. Swimming pools
Any elevator operator who does not report an accident within _ days is subject to an administrative fine of not more than _ dollars.A. 5 / 100B. 10 / 500C. 5 / 1000D. 10 / 100
Licensed security guards must _.A. hold a Class D driver’s licenseB. wear a uniform with a patch or emblem that clearly identifies the security companyC. pass a fitness testD. carry a firearm while on duty
Owners of public swimming pools must obtain a permit from the _.A. County Health DepartmentB. Department of Health, Division of Environmental HealthC. State Department of HealthD. City and/or County in which located
Which of the following do not have to be included on the posted Pool Rules sign?A. Bathing caps must be worn if hair is below shoulder lengthB. The hours of operationC. A requirement to shower before entering the poolD. No food, drink, or animals in the pool or on the pool deck
The association manager is spraying the common area walkways for bugs, and an owner asks the manager to spray her kitchen. What should the manager do?A. Decline to spray inside the unitB. Go ahead and spray inside the unit because he is certified by the Division of CommerceC. Spray inside the unit and send her a special assessmentD. Spray inside the unit because he has a Class D security license
“83. Which of the following statements concerning towing is true?A. The towing sign must include the words “”Tow-away Zone”” in letters at least four inches highB. The notice must provide the name and current telephone number of the person or firm towing the vehicle.C. A person in the process of towing a vehicle must stop when a person seeks the return of the vehicle and the vehicle must be returned upon payment of a reasonable service fee of not more than one-half of the posted rate for the towing.D. All of the above.”
A 400-unit condominium has an annual budget of $175,000 plus $25,000 for reserves. It needs to replace a roof that will cost $7,800. Which of the following is correct?A. This contract must be bid because it involves a roof.B. It does not have to be bid because the roof is less than the $10,000 reserve threshold.C. This contract does not have to be bid because it is less than 5% of the total annual budget including reserves.D. This contract must be bid because it is more than 5% of the $25,000 reserve budget.
Which of the following does not have to be listed in a maintenance contract?A. the maximum number of units to be serviced per dayB. Any relationship with the developerC. The services to be providedD. The cost of each service
Any contract made by the developer prior to turnover may be cancelled by a vote of __ % of the owners.A. sixtyB. fifteenC. thirtyD. seventy-five
The Nirvana HOA with nine lots has an operating budget of $100,000 and reserve budget of $20,000. Under which situation must they obtain competitive bids?A. An association management contract for $12,500B. A service contract of $11,000C. A landscaping contract for $13,000D. The purchase of a $20,000 elevator piston from sole supplier
The maximum period for warranties extended to an association is for _ year(s) from completion of the building or year(s) from the time that the owners assume control whichever occurs last.A. one / threeB. three / twoC. one / oneD. three / one
The Board of Directors has met its fiduciary responsibility to the association when it seeks the advice of its _.A. AttorneyB. CPAC. A and BD. It depends on the issue
The least used form of management is _.A. Self managementB. Hire a managerC. Management companyD. None of the above
The most common method of managing an association is _.A. Self managementB. Hiring a managerC. Management CompanyD. Trusteeship
Rules and Regulations must pass what two tests?A. Must be timely and must not be restrictiveB. Must be reasonable and must not be restrictiveC. Must be fair and reasonable and must not be arbitraryD. Must be timely and must not be discriminatory
The basic concept of fairness in rules enforcement that results in the forfeiture of the enforcement rights when not used in a timely fashion is called _.A. Quit titleB. Quick claimC. Equitable EstoppelD. Arbitration
Which of the following are emergency powers granted to the condominium board if a state of emergency has been declared?A. Require evacuation of condominium propertyB. Levy special assessments without a vote of the ownersC. Borrow money and pledge association assets as collateral to fund emergency repairsD. All of above
Some documents restrict the right of sale of units and require the approval of the Board of Directors. This is called the _.A. right of purchaseB. right of denialC. right of first refusalD. right of ownership
Suzy has decided to rent the condominium she is currently living in for another year. Which of the following is true?A. Suzy must pay an annual transfer fee, but it may not exceed $300B. Suzy must pay a $100 transfer fee and a $500 security depositC. Suzy must pay double last yearD. Suzy does not have to pay any transfer fees to rent the unit
“97. Which of the following is not a “”dispute”” requiring arbitration for condominiums?A. Failure to properly conduct electionsB. Authority of the board to alter a common elementC. Failure to allow inspection of books and recordsD. The levy of a fee or assessment”
Which of the following disputes between a homeowner association and a parcel owner does not need to be filed with DBPR for mandatory mediation before the dispute is filed in court?A. Covenant enforcement issuesB. Access to official records of the associationC. Election meetingsD. Amendments to association documents
Which of the following statements is true concerning the Office of the Condominium Ombudsman?A. The governor appoints the ombudsman who must be an attorney admitted to practice before the Florida Supreme Court.B. He/she will act as liaison between the division, unit owners, boards of directors, board members, community association managers, and other affected parties.C. Fifteen percent of the total voting interests in a condominium association, or six unit owners, whichever is greater, may petition the ombudsman to appoint an election monitor to attend the annual meeting of the unit owners and conduct the election of directors. All costs associated with this monitoring process shall be paid by the association.D. All of the above.
Arbitrators assigned by the division to hear disputes must be _.A. state licensedB. certified as a circuit court civil arbitratorC. certifiedD. specialists

A Community Association is generally defined as real or personal property, owned by two or more entities, which share the responsibility for the costs of maintenance and administration True
Purchasers of a timeshare plan have a ten day contract rescission period in which to cancel the purchase True
The Florida Fair Housing Act prohibits discrimination on the basis of handicap True
A valid Declaration of Condominium must contain easements for ingress and egress to all units and the common elements True
Compliance with the Construction Lien Law is very technical and can have an impact on title to property. Therefore the board should always consult with the manager regarding lien issues False. The board should consult an attorney.
Corporate Charter Articles of Incorporation are also known as the
Establishes the power and authority of the community Association Establishes the corporate entity that is responsible for management, maintenance and operation of the community associationIs based in corporate law Articles of Incorporation ( Corporate Charter)
Florida Not for Profit Corporate Act FS 617
Florida Corporate Act FS 607
Conducting business and Community Association affairsOperating and managing the association property and assetsSuing and defending against actionsLending money for association purposesAcquiring PropertyEntering into contracts and purchasing items that are required for operations and maintenanceIncurring liabilitiesBorrowing fundsMortgaging community association properties Powers that are granted in FS 617
Condominium Act FS 718
Form of joint ownership of real property that comprises:Exclusive ownership of each unitJoint undivided share of common elementsRequired membership in the community association What is a condominium?
Cooperative Act FS 719
Mandatory Homeowner’s Association FS 720
Mandatory contents of a declaration ( condos) FS 718.104
Definitions of the corporate entity, powers of association, easements, rights of access to unit, insurance, official records of the association, community directory, financial reporting requirements, purchase of units, purchase of land and recreation leases, operations of condominiums created prior to January 1, 1977, commingling FS 718.111
FS 718.1124 Definitions of required contents of bylaws, including administration, notice requirements, quorum, proxies, voting requirements, elections, electronic voting, candidate eligibility, director certificate/education requirements, recalls, arbitration, timeshare condominium exceptions, board and member meetings, Annual budget requirements, assessments, amendment of bylaws, transfer fees, director and officer delinquencies and offenses, common elements ( limited power to convey to a condemning authority)
FS 718.113 Maintenance requirements, display of flags and religious decorations, hurricane shutters, and other types of code-complaint hurricane protection
FS 718.114 Association powers, acquisition of leasehold memberships and other possessory or use interests
FS 718.115 Common Expenses and common surplus, expense and credits for hurricane protection, communication expenses
FS 718.116 Liability for not paying common expenses, including the right to assess interest, lien, foreclose, and collect rents from delinquent members etc., liability of first mortgage holder, liability of previous owners
FS 718.303 Provides that if a member is more than 90 days delinquent or has failed to comply with his or her monetary obligation that is due to the community association, or has failed to comply with the documents or reasonable rules, the right to use common elements can be suspended. Provides fining authority and procedures.
The pH of the pool water must be maintained at: 7.2-7.8
Condominium and Cooperative Associations pay an annual fee of $_______ per residential unity, per _ to the DFCTSMH Trust Fund $4.00/ Year A windstorm self insurance pool must include 3 or more associations, all of which must be residential, with not less than 50 units. True The member must place an election ballot in an inner envelope, and place the inner envelope in an outer envelope, which the member signs. Procedures for voting in secret for members who are not in attendance at the annual meeting. The purpose of Regulatory Council of Community Association Managers is to Provide licensure exam and continuing education requirements for CAMS A volunteer director who is not compensated for his duties as a director need not have a CAM license True Prospective members must receive certain information from an HOA when purchasing a new unit, including Community Association Disclosures True An employee of the ombudsman’s office may not serve as an officer in a local, state, or national political party True Components of a collection policy should not include court charges for filing of liens True At will means an employee who may be dismissed at any time for any non-discriminatory reasons, with or without cause. FS 482 governs pest control companies and operators The Ombudsman duties include but are not limited to Encourage and facilitate voluntary meetings with and between members, directors, managers, and other affected parties of condominiums Community association management companies must file for company insurance Once very two years on October 1st of odd numbered years. HOA’s must file for arbitration with DBPR when members contest elections of recalls True Pursuant to FS 720, an HOA has all the following powers in an emergency declared by the governer: to cancel and reschedule an association meetingto designate assistant officers who are not directorsto relocate the association’s principal officer or designate an alternative office In an emergency an HOA Can not contract, on behalf of a member for items of services for which the member is individually responsible. Condominium members may vote to terminate the association if: cost to make necessary repairs so that the property meets code is too high. If there are more than units, or the budget exceeds $________, the manager must be licensed through DBPR as a community Association Manager 40/$100,000
How many members are there on the Regulatory Council of Condominium Managers? 7 members appointed by the Governor of the State
Cooperative A type of joint ownership of real estate where an individual purchases shares of stock in a corporation, which gives the purchaser the right to occupy a unit under a proprietary lease.
When is a condominium created? When its declaration of covenants is recorded in the public records of the county in which the property is located.
Timeshare a community that permits units to be owned and occupied for fixed period of time in a given year.
A cooperative or HOA may suspend the voting rights of a unit or member due to nonpayment of any monetary 26 obligation due to the association, which is more than 90 days delinquent. True
A condominium may suspend the voting rights of a member that owes more than $1,000 of any fee, fine, or other 28 mandatory obligation that is more than 90 days delinquent. The condominium must provide proof of the amount 29 owed to the unit owner 30 days before such suspension takes effect. True
Who can vote at Member Meetings Members are guaranteed the right to vote when they purchase in a community association. However, the association may remove the right to vote under certain circumstances.
The association bylaws may provide for terms longer than 1 year True
The Cooperative and HOA Acts are silent with respect to term limits True
The Condominium Act restricts directors to a maximum of four consecutive 2-year terms, unless approved by an affirmative vote of two-thirds TVI or unless there are not enough eligible candidates to fill the vacancies on the board. The statute does not address 1-year terms or whether the new limits on 2-year terms are retroactive or applies to terms beginning after July 1, 2017. You should check with the associations attorney.to True
Provides the rules for distribution of condominium or association property and proceeds from the sale of condominium and association property. FS 718.117
The termination of a condominium does not change the corporate status of the association. True
The official records of a community association must be maintained within the state, for a minimum of 7 years, unless otherwise stated in the applicable statute. True
Official records must be made available to members for inspection or photocopying within 45 miles of the community association or within the county in which the association is located. True
By July 1, 2018, a condominium with 150 or more units, which does not manage timeshare units, must create a website, if it does not already have one. True
What must an association’s website include? an independent website or web portal wholly owned and operated by the association, or• a website or web portal operated by a third-party provider with whom the association owns, leases, rents, or otherwise obtains the right to operate a web page, subpage, web portal or collection of subpages or web portals.
information provided to any person, other than a unit or parcel owner, by the association, is legally binding, even if factually incorrect. True
An association is required to issue an estoppel certificate within 10 business days after receipt of a written or electronic request from a unit or parcel owner, the unit or parcel owner’s designee, the unit’s or parcel’s mortgagee, or 2 the unit’s or parcel’s mortgagee’s designee. Any fee charged by the association is waived if the estoppel certificate is not issued within that period. True
Preparation and delivery of an estoppel certificate authorized fee: not more than $250
Estoppel certificate requested on an expedited basis and delivered within 3 business days authorized fee: an additional $100
Estoppel Fee if the unit/parcel is delinquent to the association: An additional fee not to exceed $150
Additional appurtenances for members in all community associations include Sharing in ownership of common elements and any common surplusrights to use common elementsrights to reserve common elements, as determined by the association docs and rulesclub membership rights and other rights may be established in the association docsaccess to any available licensed satellite, cable or communications servicethe right to peaceably assemble, including the right to use common areas in accordance with association docsthe right to vote.
All Records must be obtained for a minimum of 7 years, unless otherwise stated. True
Ballots and losing bids proposals must be retained for one year only True
Members do not have access to the following records A recommendation, opinion or conclusion of litigation strategy or the legal opinion of an attorney regarding civil or criminal litigation or administrative proceedingsPotential adversarial civil criminal or admin proceedings until the conclusion or settlement of suchInformation obtained by association in connection with a lease, sale, or transfer or ownershipResidence applicationsPersonnel records, including but not limited to disciplinary, payroll, health and insurancemedical records or employees members or residentsComputer security data including passwords, software and operating systems
What document establishes the procedures for carrying out the responsibilities of the association and governs the actual operation of the association? The Bylaws
According to Part V of the Cooperative act, what agency is designated to enforce and ensure compliance with provisions of the cooperative act? Department of Business and Professional Regulations
The Annual fee paid to the Division of Florida Condominiums, Timeshares & Mobile homes, for each unit operated by a condo association is due by: January 1st every year
A mobile home park owner must pay _ for each lot to be used in his mobile home park when forming the mobile home park: $10, minimum of $100 When a condos rules and regulation conflict with the Declaration of Condominium, which document will prevail? The Declaration of Condo prevails over the rules and regulations Amendments to the Declaration of Covenants and Restrictions are not effective until: the certificate of amendment is recorded with the clerk of the court where the documents were originally recorded. Under Part VI of the Condo Act, all tenants have certain rights when an existing rental property is converted to a condo. These rights include the option to extend their current lease. True What type of ownership includes the exclusive ownership of s single unit, joint undivided ownership of a percentage of the common elements, and required membership in an association which manages the common property? Condominium Supplemental restrictions authorized by the governing documents and promulgated by the board of directors are: Rules and Regulations When proposing amendments to the documents, a condominium should insert and underline any new words in the text True Florida Statutes prohibit the Florida Catastrophe Fund from reimbursing associations or individuals for losses caused by flooding True A timeshare divides residential property into specific time periods that provides members with exclusive use rights True The developer is exempt from any management responsibilities as long as he controls the Board False Mixed Use Condo contains both residential and non residential units, FS 718.404 FS 719 Cooperative Act FS 720 Mandatory Homeowner’s Association FS 720.303 HOA Powers and Duties What are the governing docs? the Decleration, Articles of Incorporation and bylaws What is included in the Declaration Declarationplot plan and surveysfloor plansamendmentsArticles of incorporationbylawsany filed rules and regulations The board of a condo may not prevent a member from installing hurricane shutters, impact resistant windows, code complaint doors, or other code compliant hurricane protection. However they may adapt specifications that standardize them. True Material alterations or betterments to the common elements require 75% TVI True Pursuant to FS607 and FS 617 what must the Articles of Incorporation Contain? The corporation nameMailing AddressPurposeManner in which the directors will be appointed or elected The Heirarchy for enforceability of Laws and Documents is: Federal, State, Local, Declaration, Articles of Incorporation, ByLaws, Rules and Regulations, Roberts Rules of Order Articles of Incorporation are filed with the Department of State Division of Corporations The bylaws establish the procedures for carrying out responsibility FS 617 and FS 607 require every corporate entity to: hold at least one membership meeting each year, called the annual meeting Where must an annual meeting be held at a location identified in the bylaws, or within 45 miles of the condo property, whichever is closer. What is the purpose of the annual meeting? for the members to elect individuals to the boards or directors. Review the documents of the association that you manage to determine the additional requirements if any. Unless the association docs require longer advance notice, an association of a condo, coop, or HOA must provide_ _ days written notice of its annual meeting? No less than 14 days.
The meeting notice for either an annual meeting or special meeting must contain: The date and time, place, type ( purpose) if budget, the proposed budget, including reserve calculations, if special assessment, a detailed breakdown of the assessment, copies of proposed amendments if any, and a detailed Agenda.
Quorum the minimum number of members of an assembly that must be present at any of its meetings to make proceedings of that meeting valid. For condos and Coops must be a majority TVI ( 50% +1) and for HOAS must be 30% TVI
Unless otherwise stated, a HOA must have a minimum of directors, while a condo or coop must have a minimum of 3/5 Board Member Eligibility Be a natural personBe 18 or olderNot be convicted of a felony in this state or any other. A cooperative cannot prohibit members who are delinquent in assessment from serving on the board. True The required officers of the Board are: President, Secretary, and Treasurer A quorum of the board is required for election of officers True Officers are elected or appointed by the directors at a board meeting. True Most board meetings require a minimum of 48 hours notice, posted in a conspicuous place on the property, unless the docs require a longer time period. True If there is not appropriate place to post a notice, an HOA must deliver or mail a notice to each member at least days in advance while a condo or coop has _ days. ( except in an emergency 7 / 14 Within days after % of the total units are conveyed to non-developer members, the developer must _____ 75 / 15%/ call a meeting for election of directors
The developer must give _ notice of the meeting and election. 60 days The developer must provide the association with an audit of the association financial records within days after the transition meeting. 90
The Condo and Coop Acts establish implied warranties of fitness and marketability as follows: Units: 3 years warranty commencing with the date of completion of the building that contains the unitNon Unit improvements: 3 years commencing with the date of completion of improvementsRoof, Structural mechanical, electrical, plumbing: 3 year warranty beginning with completion or building construction, 1 year after turnover to members, which ever occurs last but not more than 5 years. ( 3-1-5 rule)
Bulk assignee a buyer who acquires more than seven parcels in a single condominium after July 1, 2010 and prior to July 1 2018, as determined by county records and receives assignment of some or all of the rights of a developer as set forth in the declaration or statute by a written document in the county records.
Bulk buyer a buyer who acquires more than seven parcels in a single condo after July 1, 2010 and prior to July 1, 2018 but does not receive assignment of developers rights.
Insurable interest real or personal property, reputations, persons, animals, or any item or thing in which we have an economic interest and for which there is potential of an economic loss.
Four types of Insurance Property, Liability, Income, Personeel
Three core activities of the association board of directors in regards to insurance requirements: BusinessGovernmentCommunity
Condominium Act FS 718.111 Provides specific detailed language on insurance requirements.
When is a condo deemed ineligible for wind-only coverage? when 50% or more of the units are rented more than eight times in a calendar year for a rental period of less than 30 days
Which Florida Agency Regulates Insurance The OIR ( office of Insurance Regulation)
Effective January 1, 2009 the association’s policy includes casualty damage to air conditioners and compressors, even if an air conditioner and compressor serves only one unit. True
Condo Member coverage after January 2004 requires that the member insure the following items in his or her unit: All floor, wall and ceiling covers, appliances and electrical fixtures, built-in cabinets and countertops, water heaters and water filters, window treatments, including drapes, blinds, hardware
Property Insurance is also known as Hazard Insurance
Who regulates pest control? The Florida Department of Agriculture, and Consumer Services ( FDACS)
Which Statute Provides authority for pest control? FS 482
Purchasers of a condo or coop resale unit have day period to rescind the sales contract. 3 Limited Common Element property owned by a member of an association but used by all members. A homeowner may suspend voting rights if a member is more than 90 days late in paying an assessment or other monetary amount True If approved by a majority TVI present at a duly called and quorumed HOA meeting, the members may vote to have the association prepare an annual review rather than an annual audit, where the annual revenues were $750,000 True 25% of the members have petitioned its cooperative board for an audit rather than a compilation, when the past years annual revenue were $250,000. The association must hold a membership meeting within 30 days after receiving the petition to vote on this issue. True HOA’s member meetings require a quorum of 30% TVI unless a different number is provided in the bylaws. True The DBPR Governance Form discusses the role of the condo board in conducting day to day affairs and the rights of members to attend and speak at meetings, among other things. True The board of directors is the managing entity for a community association. True At a condo election, once the outer envelope is opened, the association may accept no additional ballots. True All community associations are required to have a financial plan that sets forth the proposed revenues and expenditures of funds for the maintenance and management of association properties for the fiscal year. True In an inner envelope contains more than one ballot, neither ballot is valid. True In a mobile homeowner’s association, all nominations for director from the floor must be made available at a duly noticed meeting of the members held at least 30 days prior to the annual meeting. True Six directors of a seven member board of directors resign. Can the remaining director appoint individuals who are eligible for the board to fill those vacancies? Yes If a director exercises prudent business judgment, he assures that he understands the requirements of his position and spends sufficient time to properly carry out his functions. True If using an online voting system an association must use an online voting system that is able to authenticate the validity of each electronic ballot to ensure the ballot was not altered in transit. True Florida law requires that all corporations have a registered agent and registered office True A proxy in a condo association is valid for a period of up to 90 days after the date of the first meeting for which it was given. True Assessments, membership fees, and maintenance fees are different words that essentially mean the same thing. True Deferred maintenance means any maintenance or repair that will be performed less frequently than yearly and which will result in maintaining or extending the useful life of an asset. True Unless the governing documents require a membership vote, the board of directors may approve a special assessment True Condos, Coops and HOA’s must keep all records for at least seven years, by statute. True Line Item Accounts to be included in Cash Basis Financial Reports for Condos are: Professional and management fees and expensesCosts for recreation FacilitiesTrash CollectionUtilitiesTaxesMaintenance and RepairInsuranceLawn CareAdmin and SalariesReservesDeferred MaintenanceAny other category for which the association maintains reserves Line Items to be included in Cash Basis Financial Reports for HOAS are: Professional and management fees and expensesCosts for recreation FacilitiesTrash CollectionUtilitiesTaxesMaintenance and RepairInsuranceLawn CareAdmin and SalariesReserves if maintained by the associationCosts for security Annual Financial Reports must be prepared as follows: less than total annual revenue of $150,000 – Cash Receipts$150-$300- Compilation$300-$499/ Review$500,000 or more – Audit A copy of the most recent annual financial report, or a notice of the most recent annual financial report must be mailed or hand delivered to the unit owner, without charge, within business days after receipt of written notice from the memeber 5
Under Part VI of the Condominium Act, all tenants have certain rights when an existing rental property is converted to a condominium. These rights include: The option to extend their current lease
Material alterations of the common elements must be checked against the language of the declaration and the condo act before they can proceed True
The installation of hurrican shutters is not a material modification to the common elements, however the board must obtain a majority vote TVI, unless the board will include in its annual budget the installation and maintenance of the shutters as a common expense. True
Rules and Regulations Supplemental restrictions authorized by the governing documents and promulgated by the board of directors.
Establishes the entity responsible for the maintenance, management, and operation of the community property and its assets. Corporate Charter
In a coop, issues such as transfer fees, fidelity bonds, and arbitration are generally provided for in the: Bylaws
Association Rules and regulations must be within the scope of the boards authority
The first board of directors of an association is appointed by The developer
FS 617 Florida Not for Profit Corporate Act
FS 607 Florida Corporate Act
FS 617 Provides that: A community association may:-Not distribute any part of the income or surplus of the corporation to its members, directors or officers-Pay reasonable compensation to offices and directors for services rendered, unless expressively prohibited by the community association docs-Bestow benefits on members, directors, or offices in conformity with its purposes-Earn income on various operations, such as vending, interest, and clubhouse usage, however this income must be used to offset future assessments, or be applied as a credit to an expense category-Upon dissolution or final liquidation, make distributions to its members as permitted under the act
Not for profit does not mean tax exempt True
Every corporation must file an and pay an _ of $___ or $______ to the Florida Secretary of State Annual Corporate Report, Pay an Annual Fee, $61.25 or $150
FS 718 Part 1 Statutory Requirements for creating and operating a Condo ( general Provisions)
FS 718 Part II Statutory rights and obligations of the developer
FS 718 Part III Statutory Rights and obligations of the association
FS 718 PART IV Statutory requirements for special types of condominiums
FS 718 PART V Statutory requirements for Regulation of Condos
FS 718 Part VI Statutory Requirements for Conversions to Condominiums
FS 718 Part VII Distressed Condo Relief Act
FS 719 Part I Statutory Requirements for creating and operating Cooperatives
FS 719 Part II Requirements of the developer
FS 719 Part III Rights and obligations of the association
FS 719 Part IV Requirements for special types of Coops
FS 719 Part V Requirements for Regulation
FS 719 Part VI Requirements for Conversions to Coops
FS 720 Mandatory Homeowners Associations
How Many parts does the HOA Act have? 3
FS 720 Part 1 General Provisions
FS 720 Part II Disclosure to sale of residential parcels
FS 720 Part III Covenant Revitalization
Covenant Revitalization to preserve the residential community and association infrastructure and common areas, the members can revive an expired declaration of covenants.
Federal Laws Laws enacted by congress signed by president, incorporated into the united states Code
The Docs Include Bylaws, Articles of Incorporation, Declaration
Kaufman Language As amended from time to time
Cooperatives Do / Do Not have Declarations Do not
Silent Bylaws Laws that are not formally included in the bylaws.
FS 718 and 719 Require the following provisions in the bylaws: Powers Duties selection, and removal of officers and directorsQuorum Voting Requirements and proxiesRequirements for Board MeetingsRequirements for Membership MeetingDetailed proposed annual budget of common expense that show the budgeted amounts by accounts and expense qualificationsTransfer FeesFidelity BondsArbitration
The default voting interest required to pass an amendment in a Condo is 2/3 TVI
If the declaration of Condo or Coop docs do not specify a procedure, the default procedure for alterations or betterment requires 75% TVI to approve alterations or additions to common elements True
How much notice is required for the Annual Meeting 14 Calendar Days
Membership meetings Require how much notice? 14 Days Calendar Notice
Quorum Requirements for Condo’s 50%+1 TVI
HOA 30% TVI
How Much notice is required for a meeting where the board will be elected? 60 Days
Condos: A developer is entitled to elect or appoint at least one director , provided that the developer meets any of the following Requirements: Less than 500 Units and the developer owns 5% of the unitsMore than 500 Units and the developer owns 2% of the units
HOAS: the Developer is entitled to elect at least one director, provided that the developer holds for sale at least: 5% of the parcels in all phases of the community
Bulk Assignee Buyer who acquires more than seven parcels in a single condominium after July 12010 and prior to July 1, 2018 and receives assignment of some or all the rights of the developer by a written document in the county records.
Must a condo or coop include fully funded reserves in the proposed budget Yes, unless they have been voted to waive
Condo Member Insurance Coverage requires that each member shall insure what in his or her own unit? Floor, wall and ceiling coveringappliances and electrical fixturesbuilt in cabinets and counter topswater heaters and water filterswindow treatments
An HO-6 Covers: a member in a condo or coop
an HO-3 covers: A member in a HOA
Three Primary objectives of a Community Association are: Preserve Protect and enhance the value of the communityEnhance the lifestyle of the communityprovide a harmonious community
Requirements for a Community association Membership is mandatoryMembers have the right to voteAn unpaid assessment can become a lien on a members property
Members in a community Association have a_____________ to , _, and the property in accordance with the _, and requirements of the _, ___. responsibility, occupy, use, maintain, statutes, legal documents.
Legal structure of the community association Each community has a different legal structure, is governed by a different structure, and has documents that are specific to that community association.
Limited common property: Common property limited to use by one or more but not all members.
Appurtenances are: Accessory rights that are inherent to a member of the association.
Who decides what type of community it will be? The Developer
Florida statute requires that the assocaition be organized as a corporation, granting what powers? Budgeted for the maintenance and operation of the property, association and assets;Collecting the necessary funds to carry out dutiesEntering into contract, hiring employees and taking other measures as needed to meet objectives.
All Associations are corporations, not for profit. True
All association money is for the benefit of the member, not to create surplus or reinvest. True
Comprehensive Development Master Plan ( CDMP) provides for the future development and use of land
Zoning Regulations Control what a given parcel of land may be used for;regulates the form that a building can takeSpecifies the type of supporting infrastructure and amenities that must be provided.
Can a developer obtain a waiver from ADA or other federal standards or building construction standards? No
“How does the developer “”declare”” the property?” By filing the required documents for the project with the appropriate legal entity.
The Declaration of Covenants and Restrictions ( DCR) Establishes the formal regulations for all of the propertyIs a statement of covenants, which run with the landDefines certain rights and imposes certain restrictions on the members and community associationis based in real estate law
Articles of Incorporation ( Corporate Charter) Establishes the power and authority of the community associationestablishes the corporate entity that is responsible for management, maintenance, and operation of the community associationis based in corporate law
Bylaws establish formal procedures for carrying out operational responsibilities as outlined in the articles of incorporationare based in corporate law
A condo or coop is required to provide an audit at turnover. True
All Community associations have to file with the department of the secretary of state
What is filed with the secretary of state? Articles of Incorporation and Bylaws. ( Cond0s)
Condominiums and HOA’s must file what with the Clerk of the Court? Declaration of covenants and restrictions or Declaration of condo, Articles of Incorporation, Bylaws.
Condos must file with the DBPR a complete set of all required documents, within 120 days after they are filed with the clerk of court. $20 per unit planned.
Coops must file with the DBPR $20 per unit to be constructed, proprietary leases, within 30 days after they are filed with the Secretary of State
The DBPR has _ days to notify the mobile home park owner of any deficiencies in the prospectus 45 Who regulates Community Associations? the Dbpr through the Division of Condo’s timshares, and mobile homes ( DFCTSMH) Where is the authority to regulate derived from? Florida Statutes How are the acts and statutes enforced? Through the Florida Administrative Code What are the two main bureaus of the Division? Bureau of standards and registrationbureau of compliance Condominium Governance Form Informal educational overview of condominium governance. Summarizes the role of the board in conducting the day to day affairs of the community association Florida Law does not require a community association to hire a manager. True A community association may reimburse an officer or director for actual expenses incurred in carrying out his or her duties, including educational courses to improve knowledge and skills. True A person who manages units for one or more owners within one or more community associations is not required to be a CAM. True CAM licenses expire 9/30 of an even number year every two years. True CAB licenses expire 9/30 of odd years every two years True How many members are om the Regulatory Council of Community Associations (RCCAM) seven Only members in an association have the power to amend, or change the formal legal documents unless otherwise stated in the documents. True In the event of a conflict, the Declaration takes precedence over the Articles of Incorporation and the bylaws, and the Articles take precedence over the bylaws True The declaration contains covenants, conditions and restrictions which define and place limitation on the use of the property and facilities. True What is usually included in the initial documents? a draft budgeta prospectusengineering surveys The Articles of Incorporation formally establish an entity that is responsible for the maintenance, management, and operation of the community property and its assets. True The articles of incorporation become effective after they are filed with and acknowledged by the Department of State, Division of Corporations. True Bylaws establish the procedures for carrying out the associations responsibilities True The board can adopt rules and regulations to assist them in operating the association, at any properly noticed and quoromed board meeting. True The board can not make rules that are in conflict with the formal docs. True if documents do not state the requirements, the default voting interest that is required to pass an amendment is : 2/3 TVI for condo or coop FS 720 is silent on the default voting interest required to pass an amendment in an HOA. True TVI represents total number of units or parcels that are entitled to vote within an association. In order to become effective, Amendments to the Articles of Incorporation for all associations must be filed with the Division of Corporations in the Department of State If the Declaration of Condo or Coop is silent the default procedure for alterations of betterment requires that % must approve. 75 TVI
FS 617 and FS 607 requires every corporate entity to hold at least __________________ called, 1 membership meeting each year, the annual meeting
If not stated, the annual meeting must not be held later than _ ______after the previous annual meeting. 13 months What is the primary purpose of the annual meeting? for members to elect individuals to the board of directors. A special meeting of the HOA must be held when called by the board or by at least TVI. 10%
If a broadcast notice is used in lieu of posting on the physical property, the notice ( and agenda for condo’s and coops) must be broadcast at least times every broadcast hours of each day that the posted notice is required. 4 Proof of proper notice is given by: signing an affidavit or mailing or delivery or obtaining a USPS certificate of mailing, attaching to the proof of notice a copy of the member roster and list of addresses, attaching the affidavit or certificate of mailing package to the agenda and minutes of the meeting. In an HOA within days after the recording of an amendment to the governing docs, the association must provide copies to its members. 10
Quorom Requirements for Condos: 50%+1
Quorom Requirements for HOA 30% TVI
What is a Quorom? The minimum number of members of an assembly that must be present at any of its meeting to make the proceedings of that meeting valid.
What options does the association have if they have not achieved quorum at the annual meeting? Recess meeting, designate a date to reconvene, and solicit additional proxies and or members to meet quorum.Recess Meeting without conducting business including an election Proceed with the election provided that 20% TVI have cast ballots.
How long are general or limited proxies good for? 90 days from the date of the first meeting for which it is intended to be used.
If 20% TVi petition the board to address an item at either a member meeting of a board meeting, within how many days must the board place the item on the agenda of a special member meeting or board meeting? 60
Who is responsible for determining the results of any vote and communicating those results to the membership? The chairperson
Generally unless the association documents state other wise, after a quorum is established the who are present is required to approve a motion. majority tvi
A coopoerative or HOA may suspend the voting rights of a member due to non payment of any monetary obligation due to the association which is more than 90 days delinquent. True
If a vote is by ballot and a member wants to have the ballots recounted, how should the member proceed? The member moves for a recount of the ballots. Once the motion is seconded, if it is adopted by a majority vote, a recount must be held.
if the association does not call a special meeting to address the member’s concerns, can the member initiate applicable mediation or arbitration procedures? Yes
How many directors are required in an association? No fewer than five unless the condo or coop has five or fewer units, in which case there must be at leas three.
The board of directors is also known as: The board of governers, the board of administration
The Required officers of the board are President, Treasurer, Secretary.
An outgoing board or committee member must relinquish all official records and property of the association in his or her possession or under his or her control to the incoming board within days after the election. 5
Board Meetings require a minimum notice of _. 48 hours
If a broadcast notice is used, for a board meeting, the notice must be broadcast at least ___times during very _____ 4 times / broadcast hour
A majority of a quorum has authority to act for the full board on all matters unless a specific additional number is required. True
When does a resignation become effective? When it is delivered unless it states a later date.
The boards authority to appoint and delegate power to committees is governed by the association documents ( bylaws)
A committee that confirms or rejects a fine or suspension of member rights must provide no less than_______ notice of meeting to alleged violators 14 days notice.
In a Condo or Coop arbitration is binding/non binding nonbinding
In an Hoa ,arbitration is binding/non binding binding
Volunteers and committee members who are utilized for their special skills should act strictly in an advisory capacity.
A developer must add all phases to a condominium with _ years after the recording of the _ _ _ which submitted the initial phase to condo ownership, unless an amendment extending that period is properly approved by the owners within the last _ years of the year period. 7/ Declaration of Condominium/3/7
An amendment for adding all phases to the condo may not exceed____ years after the recording of the original Declaration of Condominium. 10
If a tenant has resided in the community for at least days and his or her rental agreement will expire during the next ____days, he or she can extend the agreement for up to days after the date of notice. 180/270/270
Assignment of developers rights to a bulk assignee can be made by: the developer, a previous bulk assignee, the court on behalf of a previous bulk assignee.
Can there be more that one bulk assignee at a time? No
How should the board respond to a complaint or request? In writing, within 30 days of receipt of a written complaint delivered by certified mail.
The Condo Act restricts directors to a maximum of consecutive year terms, unless approved by an affirmative vote of _ or unless there are not enough eligible candidates to fill the vacancies on the board. 4/2- 2/3 TVI
Within 75 days after _ of the total units conveyed, the developer must . 15%/ Call a meeting for election
Members do NOT have access to information obtained by the association in connection with a lease, sale, or transfer of ownership True
The association must make records available to a member within _ after receipt of a written request. 5 business days.
The official records are open to inspection and available for photocopying by members or their agents at reasonable times and places within after receipt of a written request by certified mail. 10 business days
Statutory requirements for conversion to condominiums and coops require that the funding amounts be based on the age of the building as disclosed in the engineering report as of the date of the report True
Association members are entitled to have access to any and all legally binding contracts that the association has entered into on behalf of the association. True
An association may / may not take away a members right to access his or her unit, parking or to access limited common elements intended to be used only by that unit/parcel, common elements needed to access the unit/parcel or utility services provided to the unit parcel or elevator. may not
merger or consolidation is/ is not considered a material alteration or adverse alteration . is not
The Federal Fair housing act prohibits discrimination on the basis of : race, color, religion , sex, disability, familial status and national origin
What was added to the Fair housing act in 1988? Family and disabilities
Familial status refers to a protected class of people who live in a household with one or more persons under the age of 18, and are the parent, legal guardian, or custodial adult for the minor, as well as pregnant women and people attempting to gain custody. True
A reserve schedule should include: list of all deferred maintenance and capital expenditure reserve items, est. remaining useful life of each itemest. cost of deferred maintenance and capital equipment replacement for each item, est fund balance for each item at the end of the current fiscal yearrequired funding amount for each budget year for each item.
Can reserve funds be used for anything other than the designated purpose? No unless approved by a majority vote TVI at a duly called meeting at which there is a quorum.
If the association receives a petition with signatures of 10% or more of the members, it must call a new budget meeting within ____days giving a day notice. 30/ 14
Special assessments may be levied by the board unless the association documents state otherwise True
A condo or cooperative must collect assessments no less often than quarterly
An association may charge a late fee of or_, ______ $25 or 5%, whichever is greater
An HOA must provide , of an intent to foreclose. 45 days written notice
An estoppel can charge $____ to expidite the process $100
An estoppel can charge $______ if there are delinquent fees $150
Maintenance, Dues, of Memberships fees are all names for: assessments
How are assessments based? Either equal charge per unit or by percentages that are recorded in the association documents.
The approved budget should be signed by : the treasurer and one other offer or president
The approved budget should be sealed with a corporate seal True
Where is the fiscal year stated? In the bylaws
If the operating assessment increases by more than % over the prior years assessment, % of the voting interest are entitled to petition the board to call a special member meeting to reconsider and adopt a substitute budget. 15 / 10
The association must exclude what items from the current year and prior year budgets in calculating the percentage of increase? Reserves, Expenses that are expected to be incurred less often than annually, betterments.
In an HOA if there is not appropriate place to post a notice, the board must _ or _ a notice to each member at least days before the meeting, except in an emergency mail/ deliver/ 7 a committee that confirms a rejects a fine or suspension of member’s rights must provide no less than days notice of meetings to alleged violators. 14
Official records are open to inspection and available for by or at reasonable time and places within _ business days after receipt of a written request by __ mail. photocopying/ members/ their agents/ 10/ certified
A member denied access to official records is entitled to actual damages or minimum damages of $____ per _ up to _ days 50/day/10
The association must make the records available to a member within business days after receipt of a _____request. 5/ written The maximum charge for copies is cents per page. 25
An association may create a self insurance fund for insurance for or more communities created under FS ,,, if the coverage is sufficient to cover the probable loss of a year windstorm event. self/3/718/719/720,721 /250
filing a fraudulent claim is a ___degree felony third Public Swimming pool : five or more residential units. A pool that serves no more than _ condo or coop units that are not operated as public lodging is _. 32/ exempt
Free active chlorine should be: 1 ppm
Virginia Graime Baker Pool Act Spa covers
Dressing room floors must have smooth slip resistant finish and slope to floor drains
A pool longer than 50 feet must have _______shepherds hooks and at least ______lifesaving ring on each of the longer sides. multiple / 1 FS 514 Governs Pools All Pools shall be surrounded by a fence a min of inches high 48
Spas and wading pools are from the requirements regarding life saving apparatus. exempt
FS 633 Fire / Life Safety
Who regulates pest control in the state? Florida Department of Agriculture
THe DFCTSMH can enter into an agreement with another state for the purpose of facilitating out of state timeshare instruments True
Any seller or an out of state timeshare plan offered shall be required to provide notice of such plan, along with one time payment not to exceed $1,000
If a timeshare is also a cooperative or condo it must meet the requirements of or _ 718, 719
If there is a conflict between FS 721, FS 718 or FS 719, What prevails FS 718 or FS 719
If a timeshare is also a condo or coop is is exempt from:sales or reservation deposits prior to closingfiling prior to closingdeveloper disclosure prior to saleprospectus or offering circular. True
In an emergency an condo or coop can /can not contract on behalf of a unit owner for items or services for which the owner is otherwise individually responsible. Can
Material alterations or betterment to the common elements for condo or coop require approval of : 75% TVI
A quorum excludes members whose voting rights have been suspended by the board from the TVI and the quorum True
If a quorum has not been achieved at the annual meeting, does the association have a legal obligation to reschedule the meeting? no
In a condominium or coop , a member may use a _ _ to establish quorum general proxy
In a condo or coop a member must use a _ _ to vote on any other matters. including amendments, waivers of financial statement requirements or reserves. Limited Proxy
if % TVI petition the board to address an item, within _ days after receipt of the petition , the board place the item on the agenda of a _______member meeting or board meeting. 20% / 60/ must/ special The board must give notice of the meeting at which the petitioned item will be addressed. 14 days
Once the chairperson has declared the results of a vote on an issue, it is out of order for anyone to continue to debate the issue, True
If the number of candidates is than or to the number of available positions election will be held. less / equal/ no
If noone runs for a condo board the prior year directors are _____________reelected automatically The outer envelope must contain: addressed to person authorized to receive ballot, space for the parcel or unit number, and members name and signture A ballot is disqualified if: the outer envelope is not signedthe outer envelope does not identify the unit or parcelthe ballot has not been enclosed in an envelopemore than the number of candidates have been voted for on the ballotIT can not be determined who the vote was forthe inner envelope contains more than 1 ballot If the member signs his is her ballot , is it valid yes, as long as there was no space requiring a signature If other documents are placed in the inner envelope with the ballot, is it valid yes, as long as there are no additional ballots challenges to the election process are limited to no more than _ _ 60 days
A condo of or fewer units or a coop of any size can _ of voting procedures 10 / opt out
If a condo or coop opts out of the voting are they required to do so every year? no
A newly appointed director has :_ to read the association declaration, articles of incorporation bylaws, rules & regulations and written policies. 90 days
The secretary must retain the written certification or educational certificate of a director for the election or for duration of the uninterrupted tenure. 5 years after
The terms of persons who serve as officers expires at the annual meeting True
The resignation becomes effective when it is delivered, unless it states a later date.
An outgoing board member has days to relinquish all official records and property of the association in his or her control. 5
approval to add an emergency item to an agenda must be approved by: super majority / majority of directors plus 1
In an emergency the board is required to post a notice, but does not have to meet the 48 hour requirement True
The following documents must be filed with the Secretary of State: Articles of Incorporation, and bylaws
Condo’s and HOAS should file with the clerk of court at a minimum: Declaration of Covenants and Restrictions or Declaration of Condominium, Articles of Incorporation and Bylaws
Condos must file with the DBPR $20 per unit that is to be constructed, within 120 days after they are filed with the Clerk of Courts
Timeshares must file with the DBPR $2 per unit for every 7 days that each unit is intended to be occupied, to a maximum of $25,000
A developer may/ may not charge a fee for the initial set of documents? may not
The DBPR regulates through the DFCTSMH Condos; Timeshares; Coops, Mobile Home Parks
HOAS are / are not regulated by the state are not
The division enforces the acts and statutes through the Florida Administrative Code (FAC)
According to part v of the cooperative act, what agency is designated to enforce and ensure compliance with provisions of the Cooperative Act The DBPR
In a cooperative; issues such as transfer fees, fidelity bonds and arbitration are generally provided for in the bylaws
If a developer fails to make the proper filings to the DBPR or pay the required fee, the developer may be prohibited from offering the units for sale
Proxies for Mobile Home Associations are good for 90 days
if the members own 15% of the unit, they are entitled to elect no less than ________of the directors 1/3 If an out of state timeshare wants to sell units to Florida residents, they must comply with Florida disclosures, If a developer owns 5% of 500 or less units they can appoint at least ____ director 1
If a developer owns 2% of 500 or more units they can appoint at least _ director 1
the second notice of elections must include a ballot
How should candidates for election be listed alphabetically by last name
the date and time of the annual condo membership meeting is usually found in the Articles of Incorporation or Bylaws
Continuing Education for a manager includes 4 hours of legal updates every two years
In order for an HOA to conduct business at a membership meeting, the association must send a notice at least 14 days in advance of the meeting
Proxies in condos, coops and HOAS are valid if signed by the member
The minimum number of directors in an HOA is 3
There are no legal requirements to hold meetings, however the board must hold a meeting to elect officers, and if the documents require, a meeting to approve the budget True
The business at a special meeting of the members is limited to the purpose set out in the notice of the meeting
An electronic voting system allows associations to conduct elections and voting through a secure internet based online voting system
Every 25 parking spaces requires at least ____handicapped space 1
The information provided in the annual corporate report must be accurate as of the date the report is executed True
Three years after 50% of the units that will be operated ultimately by the association have been conveyed to buyers, the non-developer members become eligible to elect a majority of the directors
If the developer has completed all units, and no more are being offered for sale, the developer must turn over the property to the members

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