Module 7 Flashcards

1
Q
These are all examples of private land use controls, EXCEPT:
A) Building Code
B) Condo Bylaws
C) Deed Restriction
D) Subdivision Covenants
A

A) Building Code

The building code is a city function and not private.

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2
Q

If you have a listing in which there is an existing variance, the broker should get copies of the zoning variance and disclose it in the listing.
A) True
B) False

A

A) True

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3
Q

A man owns his property free and clear, but there is a restrictive covenant in favor of the State of Hawaii for mineral rights. If the owner wanted to mine the minerals, he would have to get a lease or permit from the Department of Land and Natural Resources.
A) True
B) False

A

A) True

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4
Q
An existing small family store in a residential neighborhood is sold. When you buy it, you would look into:
A) Conditional use
B) Non-conforming use
C) Variance
D) Continues as is
A

B) Non-conforming use

Non-conforming use occurs when the underlying zoning and the use of the building differs. The zoning of the land is residential, the use of the building is commercial and constitutes a non-conforming use.

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5
Q

In the master development plan now used by many cities, which of the following is included?
A) An analysis of recent and projected population growth
B) An analysis of transportation and traffic patterns
C) A study of areas that are or have been subjected to blight and decline
D) All of the above

A

D) All of the above

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6
Q
The county government agency that makes a preliminary determination of a non-conforming building structure is:
A) A zoning board
B) A building department
C) The city council
D) The planning department
A

B) A building department

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7
Q

Ohana zoning basically allows:
A) Two or more unrelated families to live in a dwelling in any single-family area
B) An additional dwelling to be built on a residential lot, provided it meets all county requirements
C) An additional building to be build on a lot developed under a Planned Unit Development
D) An additional dwelling to be built on any lot without restrictions as to location

A

B) An additional dwelling to be built on a residential lot, provided it meets all county requirements

The ohana zoning allows the landowner to supercede the density allowed for the subject property and build a second unit under specific guidelines.

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8
Q

Which of the following statements about owning investment property is correct?
A) Accrued depreciation increases the property basis
B) Gain is taxed at the taxpayer’s ordinary income tax rate or long term capital gains rate
C) Cost of improvements is used to reduce basis
D) Major repair costs are currently deductible

A

B) Gain is taxed at the taxpayer’s ordinary income tax rate or long term capital gains rate

The government gives the investor tax incentives to invest in real property and has a lower tax rate if the property is held for more than one year.

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9
Q
Unpaid real property taxes are usually considered to be:
A) Promissory notes
B) Restrictions
C) Solvent credits
D) Liens
A

D) Liens

Unpaid taxes for more than 3 years usually results in a tax foreclosure sale.

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10
Q
To defer payment of a portion of federal income tax on realized gain, principal payments received in the year of the sale on an installment sale must remain under what percent of the total price?
A) 29%
B) 30%
C) 35%
D) No limit
A

D) No limit

Clients should always check with their CPA or tax advisor for specific tax advice. There is no limit on how much principal the seller can receive in a given year under the current law.

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11
Q
A taxpayer is allowed to deduct repairs made to which one of the following?
A) Property held for investment
B) Appliances in the home
C) Personal residence
D) Church property
A

A) Property held for investment

Investment properties have a different set of rules from personal residences.

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12
Q
Assessed value for the land is $22,000 and the improvements are $50,000. The owner has the basic tax exemption of $40,000. The rate is $15 per $1,000. What is the actual tax paid?
A) $1,080
B) $480
C) $330
D) $750
A

B) $480

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13
Q

A man is 76 years old and his wife is 62. They reside in their home as their primary residence. They would be entitled to three times the normal tax exemption.
A) True
B) False

A

A) True

True. The base exemption in Hawaii is $40,000 for owner occupied residences. The exemption amount increases with the age of the oldest owner on title. A person over 70 years old has an exemption of $120,000.

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14
Q

Which is true about real estate property taxes?
A) An assessment is the measure the county uses to determine the amount of real property taxes
B) The assessed value, minus home exemption divided by 1,000 times the tax rate equals the tax bill
C) Both of the above
D) None of the above

A

C) Both of the above

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15
Q

For a 40-year-old individual to qualify for the $250,000 exemption under the 1997 IRS Tax Law changes, the person:
A) Must be 55 years of age or older
B) Must own only one residence
C) Must buy a new residence for a price higher than the one sold within 2 years
D) Must have occupied the residence for at least 2 of the last 5 preceding years

A

D) Must have occupied the residence for at least 2 of the last 5 preceding years

The new tax law on the sale of primary personal residence has no age limit and the homeowner can sell his primary personal residence every 2 years to benefit from the tax law.

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16
Q

A couple filing jointly can exempt $500,000 from taxes:
A) If their exclusion is not used more than once in 2 years
B) Provided they occupied the dwelling 4 of the last 5 years
C) Unless they used the over 55-year/$125,000 rule prior to May of 1997
D) Never. This conflicts with the 2-year rollover rule

A

A) If their exclusion is not used more than once in 2 years

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17
Q
Bianca bought, for her own use, a unit in a large housing complex. She received a deed conveying a fee simple estate and tax bill on her unit. The type of ownership she has is called:
A) Real Estate investment trust
B) Condominium
C) Co-op
D) Reversionary lease
A

B) Condominium

18
Q

The Home Owners’ Association policy of Fire and Liability Insurance would not cover the individual’s carpeting within his unit.
A) True
B) False

A

A) True

19
Q
Under the Condominium Property Regime (CPR) Act, which of the following must comply with the Declaration and Bylaws of the Owners' Association?
A) Owners and their tenants
B) Users of the property
C) Both of the above
D) None of the above
A

C) Both of the above

20
Q
What minimum percentage of condominium owners must vote to change the Bylaws?
A) 50%
B) 51%
C) 65%
D) 67%
A

D) 67%

The HRS514A changed the percentage to 67% in June of 2005.

21
Q

In a condo, a limited common element is:
A) A swimming pool for the owners only
B) A hallway leading to a group of apartments
C) A parking stall for a particular apartment
D) A parking stall for guests of the owners

A

C) A parking stall for a particular apartment

22
Q
Joan has owned a ten-unit apartment building since 1975. Because operating costs have rapidly escalated in the past few years, the building is not producing a suitable net income. Joan's accountant advises her that she could do better by turning the building into a condo and selling each unit separately. Which of the following is the appropriate process for affecting this change?
A) Conveyance
B) Conversion
C) Condemnation
D) Capitalization
A

B) Conversion

23
Q
The landlord is required to provide which of the following for his tenants when converting an apartment under the Condominium Property Regime Act?
A) Give 120 days notice
B) Give 10 days notice
C) Provide suitable housing for tenants
D) Pay for relocation
A

A) Give 120 days notice

The tenants are given the first right of refusal to purchase the unit that they are living in. The tenants are given a 120 day notice to vacate the units as required by the condominium law.

24
Q

Which of the following statements is true regarding the priority of liens in a condo project?
A) Mortgages of record have priority over all other liens
B) The Association’s lien may take priority over a mortgage of record
C) The interest of a buyer in a foreclosure sale is subject to an existing lien by the Association
D) A municipal improvement district assessment for road widening has priority over recorded mortgages and Association liens

A

D) A municipal improvement district assessment for road widening has priority over recorded mortgages and Association liens

25
Q

Which of the following are eligible to be elected to the Board of Directors of a condo project?
A) A buyer under an Agreement of Sale
B) The manager, who owns and lives in his own unit
C) A stockholder of a corporation that owns a unit
D) General partners who jointly own a unit

A

A) A buyer under an Agreement of Sale

26
Q
The owner of a condo can:
A) Obtain title insurance on his unit
B) Mortgage his unit individually
C) Both of the above
D) None of the above
A

C) Both of the above

27
Q
When a co-op building is first sold, what is recorded?
A) Lease assignment
B) A deed
C) Stock certificate
D) Proprietary lease
A

D) Proprietary lease

A co-operative always gives a proprietary lease to the owners. The owners own stock in the corporation that owns the building.

28
Q
A person who purchases a co-op would get all, EXCEPT:
A) Proprietary lease
B) Special warranty deed
C) Corporation Bylaws
D) Shares in the corporation
A

B) Special warranty deed

Deeds are not given in purchasing a co-op.

29
Q
A single-unit apartment where you have to own stock in the company that owns the land is called:
A) A cooperative apartment
B) A condominium
C) Both of the above
D) None of the above
A

A) A cooperative apartment

30
Q

It is now allowed under Hawaii Law that an owner of a co-op apartment can obtain a mortgage, if qualified.
A) True
B) False

A

A) True

31
Q
Which of the following types of ownership is least likely to be subject to securities regulations?
A) A limited partnership
B) A Sub-chapter S Corporation
C) A joint tenancy
D) A joint venture
A

C) A joint tenancy

32
Q

Blue Sky Commission is the popular name for a State Agency that regulates:
A) Real Estate Appraisers
B) Fees charged by real estate brokers
C) Securities registration and related activities of brokers
D) The sale of resort activities across state lines

A

C) Securities registration and related activities of brokers

33
Q
A real estate licensee is required to sell timeshare interest in which of the following?
A) Timeshare ownership
B) Timeshare use
C) Both of the above
D) None of the above
A

C) Both of the above

34
Q
Timeshare projects have to be zoned:
A) Commercial
B) Agricultural
C) Rural
D) Resort
A

D) Resort

35
Q

Who is liable if one timeshare owner defaults on his portion of the Real Property Tax assessed to that unit?
A) Only the owner in default
B) All of the owners of that particular unit
C) The Timeshare Association
D) The Developer

A

B) All of the owners of that particular unit

36
Q
An owner wants to timeshare his unit. He should see:
A) A resident manager
B) A listing salesperson
C) A broker
D) A timeshare administrator
A

D) A timeshare administrator

37
Q
On June 1st, a developer and a buyer both sign a contract for the sale and purchase of a timeshare unit. The buyer received the disclosure statement on June 7th. The last day that the buyer may rescind the contract is:
A) June 7th
B) June 8th
C) June 12th
D) June 14th
A

D) June 14th

38
Q

A person who owns timeshare for personal use wants to sell his timeshare and handle the resell by himself:
A) Person is acting as a sales agent and must be licensed
B) Person is acting as an acquisition agent and must be licensed
C) Person is acting as an exchange agent and must be registered
D) Person does not need to be licensed or registered

A

D) Person does not need to be licensed or registered

39
Q
Which of the following does not describe property ownership with guaranteed right of occupancy and use of specific property for a specific time period each year for a fixed number of years or forever?
A) Vacation leases
B) Club memberships
C) Timeshare ownership
D) Periodic tenancy
A

D) Periodic tenancy

40
Q

Violation of HRS 514E regarding timeshare is:
A) A felony
B) A misdemeanor
C) Punishable by a fine of not less than $500 and not more than $25,000 for each offense
D) Punishable by a fine up to $30,000

A

C) Punishable by a fine of not less than $500 and not more than $25,000 for each offense