CAM Test Objectives

Question 1

Joint ownership of a real estate where an individuals purchased shares of stock in a corporation.

Answer 1

Cooperative

Question 2

Condominium is created when the declaration of convenience is recorded in the:

Answer 2

public records of the county where the property is located

Question 3

Community permits individual units to be owned and occupied for fixed period for less than a year.

Answer 3

Timeshare

Question 4

Chapter 617, F.S. Florida not for Profit Act

Answer 4

Florida Statute majority homeowners association is organized under.

Question 5

established the formal regulations for all the property including the basic right and responsibility of each owner, resident, member, and guest.

Answer 5

Declarations

Question 6

Establishes the procedures for carrying out the responsibilities of the association and governs the actual operation of the association.

Answer 6

Bylaws

Question 7

Division of Florida Land Sales, Condominiums, and Mobile Homes

Answer 7

Designated to enforced and ensure compliance with provision of the cooperative Act according to Part V of the Corporative Act

Question 8

Annual fee must be paid to the Division of Florida Land Sales, Condominium, and Mobil Homes, for each each unit operated by a condominium association association must be paid by:

Answer 8

January 1 of each year

Question 9

Condominium Act

Answer 9

Fla. Stat. §718

The Florida Condominium Act is defined in Fla. Stat. §718. Composed of seven parts, the Act sets forth the laws that govern the formation, operation, management and regulation of all condo associations in Florida.

Question 10

Florida Vacation Plan Act

Answer 10

Chapter 721, F.S., the Florida Vacation Plan and Timesharing Act (Act), administered by the Division of Florida Condominiums, Timeshares, and Mobile Homes (Division) within the Department of Business and Professional Regulation (DBPR), establishes requirements for the creation, sale, exchange, promotion, and operation of timeshare plans, including requirements for full and fair disclosure to purchasers and prospective purchasers.3 The Act applies to all timeshare plans consisting of more than…

Question 11

Fair Housing Act - located in 2020 Florida Statutes Chapter 760.21

The Florida Civilian Rights Act is under chapter 760 in Florida Statutes also.

Answer 11

The Fair Housing Act protects people from discrimination in housing based on race, color, religion, sex, disability, familial status, and national origin.

Question 12

The Fair Housing Act of 1968 prohibited discrimination in housing based on race, religion, national origin or sex.

Answer 12

Originated in 1968 - Homeowners Associations fall under the umbrella of FHA for this and should take care - mainly it means this for HOA:

It prohibits discrimination against families with children under 18.
It requires that they make reasonable accommodations for people with disabilities.
It prohibits all forms of discrimination based on protected classes.

Question 13

Americans w Disabilities Act Definition

Answer 13

The Americans with Disabilities Act of 1990 or ADA is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal, and later sexual orientation and gender identity.

Question 14

Homeowners’ Association Act

Answer 14

Florida HOAs are regulated by the Florida Homeowners Association Act, found in Title 40, Chapter 720 of the Florida Statutes. This act applies to all nonprofit corporations responsible for operating residential communities. Membership in an HOA is made up of parcel owners or their agents.

Question 15

HOAs in Florida are subject to applicable federal laws, such as:

Answer 15

The Americans with Disabilities Act of 1990
The Fair Housing Act
Code of Federal Regulations

Question 16

Definition of Condominium (according to the Code of Federal Regulations)

Answer 16

The term condominium means an interest in real property consisting of an undivided interest in common in a portion of a parcel of real property (which may be a fee simple estate or an estate for years, such as a leasehold or subleasehold) together with a separate interest in space in a building located on such property. An interest in property is not a condominium unless the undivided interest in the common elements are vested in the unit holders. In addition, a condominium must meet the requirements of applicable state or local law relating to condominiums or horizontal property regimes.

Question 17

HOA’s can be subject to ADA (Americans with Disabilities ACT) requirements if:

Answer 17

(1) a HOA allows members of the public to buy memberships or passes to the HOA’s pool or health facilities,

(2) where a HOA allows schools, church groups or clubs to use HOA facilities on a “regular basis,” and

(3) where a HOA maintains a rental office on the property that receives regular visits from the general public.

Question 18

Federal Fair Housing Act (“FFHA”)

Answer 18

The FFHA is similar to the ADA; however, the FFHA applies directly to housing facilities, including HOAs and to owners or users of the premises, even if not the general public. Under the FFHA, a HOA may not legally refuse to make reasonable accommodations in its rules or policies when such accommodations may be necessary for a disabled owner to fully enjoy and use her unit.

An example would include when a disabled owner requires the assistance of a service animal; a HOA would be obligated to grant a waiver from its “no pets” rule. The HOA ‘s refusal to make such an accommodation (one that is reasonable and necessary to afford a disabled owner the full enjoyment and use of her unit) is deemed to be discrimination under the FFHA. The FFHA also requires HOAs to permit a disabled owner to make, at such owner’s expense, reasonable modifications to the owner’s unit and HOA common areas. This requirement is also codified in California Civil Code Section 1360 discussed below.

Thus, if there is a common health facility, such as a gym or weight room, or a pool and spa, reasonable accommodations must be provided by the HOA.

Question 19

The American With Disabilities Act seeks to provide to disabled persons unfettered access to public and certain private locales so they are not victims of discrimination.

Answer 19

It is that Act (hereafter “ADA”) which has mandated ramps on sidewalks and to entrances to buildings that are open to the public as well as public bathrooms that are accessible and usable for people in wheelchairs. In terms of housing, the Federal Fair Housing Act (“FFHA”) also comes into play. These laws govern both public and private facilities, and set forth the degree to which an entity, such as a homeowner’s association (“HOA”), is responsible for making modifications or improvements to accommodate individuals with disabilities. HOA Boards and Managers should be aware of these requirements or face significant liability if action is brought either by a governmental agency or a civil claimant.

Question 20

When is the HOA subject to ADA -

Answer 20

unless the HOA is operating a “public accommodation.” A “public accommodation” is any facility which a HOA is providing for use by members of the general public and not solely for use by the HOA’s members and their guests. HOA members may bring their family and guests to a facility, such as a swimming pool or gym, and it is not considered as converting use to the general public.

Question 21

HOAs also are subject to certain state laws, such as:

Answer 21

Florida Fair Housing Act
Florida Civil Rights Act
Florida Corporations Not For Profit Act
Florida Condominium Act
Florida Cooperatives Act

Question 22

Florida Corporations Not For Profit Act

Question 23

Florida Condominium Act references the portion of Florida Statues (Ch. 718) that applies to condominiums.

Answer 23

718.301 Transfer of association control; claims of defect by association.

718.302 Agreements entered into by the association.

718.3025 Agreements for operation, maintenance, or management of condominiums; specific requirements.

718.3026 Contracts for products and services; in writing; bids; exceptions.

718.303 Obligations of owners; waiver; levy of fine against unit by association.

Question 24

No written contract between a party contracting to provide maintenance or management services and an association which contract provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium shall be valid or enforceable unless the contract:

Answer 24

Specifies the services, obligations, and responsibilities of the party contracting to provide maintenance or management services to the unit owners… Specifies the costs to be incurred, how often services will be provided, minimum number of personnel

Question 25

Florida Condominium Act - Ch 718 - 617.0832 Director conflicts of interest

Answer 25

A director who has a relationship or interest in the transaction described in subsection (1) may not vote to determine whether to authorize, approve, or ratify a conflict-of-interest transaction under paragraph (1)(b). However, the vote of that director is counted in determining whether the transaction is approved under other sections of this chapter. A majority in interest of the members entitled to vote on the transaction

Question 26

In Florida, an HOA has the power to:

Answer 26

Regulate common areas
Regulate modifications or improvements to individual properties (mostly when visible from outside the parcel)
Collect charges to maintain and operate the common areas
Collect payments for common assessments
Levy reasonable fines, including reasonable attorney fees and related costs for unpaid fines or other uncorrected issues
Suspend members who violate the HOA’s covenants, conditions, and restrictions
Foreclose on a house for unpaid liens
Additionally, HOA governing documents can grant further powers such as restrictions on membership, exterior paint colors, fencing, and similar issues.

Question 27

Florida HOAs cannot fine a homeowner for (or generally prohibit) any of the following property modifications:

Answer 27

Displaying the American flag, State of Florida flag, or any military branch flag so long as the flag is displayed in a manner consistent with federal flag display law
Incorporating water conversion, quality protection, and restoration measures
Installing renewable energy features

Question 28

Florida HOAs are also forbidden from regulating member behaviors in any of the following ways:

Answer 28

Requiring members to restrict contractors or workers on their property only to the HOA’s preferred vendors

Requiring members to allow only contractors who can prove possession of a particular occupational or professional license

Prohibiting garbage containers at the curb or end of the driveway within 24 hours before or after a designated garbage collection day/time

Fining members for leaving
Prohibiting parking of any personal vehicle in a place where the member otherwise has a right to park

This includes work vehicles of gross vehicle weight up to 26,000 pounds and vehicles above this weight which occasionally transport personal property to and from a closed-course motorsport facility, not for profit and with no corporate sponsorship

Question 29

HOA Enforcement hearings (which may be exclusively by telephone or electronic format) MUST be held within _________ after giving notice that there will be one

Answer 29

90 days

Question 30

Results of “fining hearings” for HOAs must be announced within _________ of the hearing, including information on how a suspended member can fix an outstanding issue, or (if fined) the date by which a fine must be paid

Answer 30

7 days

Question 31

Fines cannot be due fewer than _________ after a member receives notice that one has been imposed. A committee may not fine or suspend a member who fixes the issue in question before a decision has been issued

Answer 31

30 days

Question 32

In Florida, an HOA does have the power to foreclose on a home within its community. The process includes an HOA placing a lien on a property when the owner neglects to pay their dues. If a lien goes unresolved, the HOA can foreclose on the house.

Before bringing an action for foreclosure, the HOA must provide a _______________________________________________If the amount is still not paid after this time, the foreclosure process can begin.

Evicting homeowners is not within the power of the HOA. However, if the homeowner is leasing to a tenant, the HOA can evict the tenant for unpaid HOA fees

Answer 32

45 day written notice or demand of the total amount due.

Question 33

Can an HOA Enter a Homeowner’s Property in Florida?

Answer 33

In Florida, there is no law granting an HOA an inherent right to enter a homeowner’s property. However, HOA governing documents almost always contain provisions for HOAs entering a homeowner’s property as reasonably necessary to maintain units, common elements, or shared utilities. These provisions are legally enforceable, in principle.

Question 34

Per the Florida Condominium Act, Statute 718 Unit owners other than the developer are entitled to elect not less than a majority of the members of the board of administration of an association:

Answer 34

(a) Three years after 50 percent of the units that will be operated ultimately by the association have been conveyed to purchasers;

(b) Three months after 90 percent of the units that will be operated ultimately by the association have been conveyed to purchasers;

(c) When all the units that will be operated ultimately by the association have been completed, some of them have been conveyed to purchasers, and none of the others are being offered for sale by the developer in the ordinary course of business;