State Practice Exam #1 Flashcards
Which statement is NOT true of common-interest communities?
A. Membership in the association is mandatory.
B. Owners share responsibility in and for the community.
C. Purchasers agree to pay assessments only if they use the common elements.
D. Its governing documents create mutual obligations.
C. Purchasers agree to pay assessments only if they use the common elements.
Under Florida law, a Homeowners’ Association must
A. issue membership certificates.
B. not allow any one person to act in place of the Board.
C. be incorporated.
D. B and C
D. B and C
B. not allow any one person to act in place of the Board.
C. be incorporated.
The association may charge a fee in connection with the sale, mortgage, lease, sublease, or other transfer of a unit, which may not exceed ________.
D. $100
The association has the right to access any unit during reasonable hours in order to
A. make repairs that affect the common elements
B. make replacements that affect the common elements
C. maintain the common elements
D. all of these
D. all of these
If a unit is determined to have been abandoned, the association may:
A. put the unit up for sale immediately
B. appoint a receiver to lease it out to help cover the association’s costs
C. enter the unit to assess the situation and make any needed repairs
D. B and C
D. B and C
B. appoint a receiver to lease it out to help cover the association’s costs
C. enter the unit to assess the situation and make any needed repairs
If an association is successful in a lien foreclosure
A. the unit may be rented or sold.
B. the unit becomes the association’s property.
C. the unit reverts to the developer.
D. A and B
D. A and B
A. the unit may be rented or sold.
B. the unit becomes the association’s property.
The principle purpose guiding the Board of Directors is
A. to organize social activities for residents.
B. to preserve, protect, and enhance the community’s property, assets, and lifestyle.
C. to hold annual meetings and elections.
D. to determine amounts for assessments and collect them.
B. to preserve, protect, and enhance the community’s property, assets, and lifestyle.
Members may hold a meeting to recall a member of the Board of Directors by obtaining the signatures of _____ of the voting interests.
A. 51%
B. 10%
C. 20%
D. 25%
B. 10%
Limited common elements are owned by the _______ and reserved for use by a certain unit owner or group of unit owners.
A. community
B. relevant unit owners
C. developer
D. people who pay for them
A. community
Any community association management firm responsible for the management of more than ____ units or an annual budget of_________ or more must be licensed.
A. 5…$50,000
B. 10…$100,000
C. 7…$75,000
D. 3…$25,000
B. 10…$100,000
For HOAs incorporated after December 31, 2007, and all condominium associations, the developer must provide the association with an audit of the association’s funds from the time of inception to the date of __________.
A. turnaround
B. reversal
C. turnover
D. improvement
C. turnover
A unit or parcel holding one voting interest in an association receives
A. a ballot
B. an outer envelope with a place for unit number and signature of voter
C. a smaller envelope for the ballot
D. all of these
D. all of these
A. a ballot
B. an outer envelope with a place for unit number and signature of voter
C. a smaller envelope for the ballot
Cooperatives may enter into a bulk contract for cable television services. The contract must be for at least ___ years.
A. 3
B. 2
C. 1
D. 4
B. 2
Unit owners who are not board members have the power to do all of these except
A. amend the Declaration
B. institute a recall of one or more board members
C. waive financial reporting method
D. increase assessments
D. increase assessments
If a cooperative or condominium association’s documents allow for material alterations or additions to the common areas/elements but do not specify the voting requirements, the statutory requirement is___ for cooperatives and ___ for condominiums.
A. 75%…2/3
B. 2/3 … 75%
C. 51%…51%
D. 100%…100%
B. 2/3 … 75%
Chapter 617 of Florida law
A. defines the limits of a community association’s authority.
B. governs not-for-profit corporations.
C. defines how a not-for-profit corporation can amend Articles of Incorporation.
D. all of these
D. all of these
A. defines the limits of a community association’s authority.
B. governs not-for-profit corporations.
C. defines how a not-for-profit corporation can amend Articles of Incorporation.
Which type of insurance would cover an incident where someone is injured in a fall on association property?
A. property
B. liability
C. D & O
D. fidelity
B. liability
A particular Homeowners’ Association’s informal Rules and Regulations, such as those regarding pool hours and guest passes
A. set out the association’s specific rules regarding everyday living.
B. are part of the governing documents.
C. are part of the Bylaws.
D. must be recorded with the county clerk’s office.
A. set out the association’s specific rules regarding everyday living.
Homeowners’ Associations must be formed as
A. for-profit corporations
B. private gated communities
C. inclusive partnerships
D. not-for-profit corporations
D. not-for-profit corporations
When a unit owner or their tenant or guest violates a rule, they can be fined
A. $100 per violation and up to $1000 in the aggregate
B. after 14 days’ notice and an opportunity for a hearing
C. no more than $50 per violation, total
D. A and B
D. A and B
A. $100 per violation and up to $1000 in the aggregate
B. after 14 days’ notice and an opportunity for a hearing
An association has a lien on each unit for all unpaid assessments and evidences its claim for a delinquent assessment by having the association attorney file a ______ with the clerk of the county court.
A. estoppel certificate
B. claim for assessments due
C. mechanic’s lien
D. claim of lien
D. claim of lien
Written notice of intent to file a lien must be given ____ days prior to the filing for condominiums and cooperatives and ___ days for HOAs.
A. 60…90
B. 30…45
C. 45…90
D. 30…60
B. 30…45
In a Homeowners’ Association, the owner owns
A. the house, but none of the land
B. the house plus any porches, patios and balconies
C. the land, but not the house
D. the house and property, out to the roadway
D. the house and property, out to the roadway
When the association contracts for a service, the contractor should provide a certificate of ______.
A. liabillity
B. insurance
C. capability
D. competence
B. insurance
When an association acquires a unit through lien foreclosure, it is liable for
A. up to 12 months of assessments
B. late fees
C.interest
D. none of these
D. none of these
A notarized Notice of Commencement must be filed by a contractor with the clerk of the circuit court prior to beginning any construction in excess of
A. $1000
B. $10,000
C. $ 2,500
D.$ 25,000
C. $ 2,500
A security officer hired through a security agency must have which license?
A. proprietary
B. Class D
C. Class G
D. all of these
B. Class D
Which of the following is NOT a duty of a community association manager?
A. preparing budgets and financial reports
B. carrying out policies adopted by the Board of Directors
C. serving on the Board of Directors
D. calculating votes required to approve an amendment
C. serving on the Board of Directors
Federal, state and local laws
A. have nothing to do with community associations, since they are private.
B. must not be contradicted by an association’s rules.
C. should be incorporated into the Declaration of Condominium.
D. should be part of the original Declaration of Covenants and Restrictions.
B. must not be contradicted by an association’s rules.
Which is not considered a limited common element?
A. a patio
B. a parking space
C. a roof
D. a balcony
C. a roof
Per Chapter 721, when a timeshare is sold, the name, home address, work address, home telephone number, work telephone number and cellular telephone number of the lead dealer from whom the personal contact information was obtained must be retained by the timeshare association for
A. one year
B. five years
C. ten years
D. seven years
B. five years
Which of these is not a violation of the Fair Housing Act?
A. refusal to sell a unit to someone because of their race
B. refusal to sell a unit to someone based on their religion
C. refusal to rent a unit in a 55+ community to a family with children under 18
D. refusal to rent a unit to a person because of a physical disability
C. refusal to rent a unit in a 55+ community to a family with children under 18
Security guards an agencies are regulated by the
A. Office of the County Sherriff
B. Department of Alcohol, Tobacco and Firearms
C. Department of Agriculture and Consumer Services
D. Department of Homeland security
C. Department of Agriculture and Consumer Services
Which pest-control activity requires hiring a licensed operator?
A. spraying for weeds in common areas
B. an owner spraying for pests in flower pots on his lanai
C. fumigation of a common element or owners’ units
D. an association employee setting mousetraps in the clubhouse
C. fumigation of a common element or owners’ units
The Moore’s unit has a plumbing leak that has been discovered by their neighbor because water is entering their unit too. The Moores are not at home. They did not provide a key to the association, so the management company sends a handyman break into the unit, causing some damage to the door. Who is responsible for the damage?
A. the handyman
B. the association
C. the Moores
D. the management company
C. the Moores
What signs must all elevators display?
A. Certificate of Operation
B. No Smoking
C. International symbol for “No Smoking”
D. all of these
D. all of these
A. Certificate of Operation
B. No Smoking
C. International symbol for “No Smoking”
When a master contractor does not pay sub-contractors for construction, services, or materials, the ______ has (have) the right to place a lien on the property.
A. association
B. master contractor
C. subcontractors
D. county clerk
C. subcontractors
“A purchaser, for consideration, receives ownership rights in or a right to use accommodations, and facilities, if any, for a period of time less than a full year during any given year.” This describes a
A. hotel
B. cooperative
C. condominium
D. timeshare
D. timeshare
A construction lien can be placed on
A. the association operating fund
B. individual unit owners for their share of the lien
C. the common elements
D. all of these
B. individual unit owners for their share of the lien
Florida Chapter 721
A. gives statutory recognition to real property and personal property timeshare plans.
B. requires full and fair disclosure of terms, conditions, and services by resale service providers acting on behalf of consumer timeshare re-sellers.
C. establishes procedures for the creation, sale, exchange, promotion, and operation of timeshare plans.
D. All of these
D. All of these
A. gives statutory recognition to real property and personal property timeshare plans.
B. requires full and fair disclosure of terms, conditions, and services by resale service providers acting on behalf of consumer timeshare re-sellers.
C. establishes procedures for the creation, sale, exchange, promotion, and operation of timeshare plans.