Track 12

Question 1

A hearing should not be which of the following:

A. An opportunity to resolve problems.
B. An opportunity to listen
C. Confrontational
D. An opportunity to determine if the owner is a member in good standing.

Answer 1

C. Confrontational

Question 2

NRS 116.320 protects the rights of owners to fly the United States Flag within the portion of the CIC that the owner HS the exclusive right to occupy, but this right does not extend to a flag display which:
A. Interferes with the scenic view protections given to another owner.
B. Is made of material other than cloth
C. Is placed on a police taller than 8 feet tall.
D. That is part of a commercial advertisement.

Answer 2

C. Is placed on a pole taller than 8 feet high.

Question 3

When should the board obtain an injunction?
A. When the alteration to the home is substantially completed to not risk interrupting the work started?
B. When a neighbor advises the board that he or she will sue the association if action is not taken immediately.
C. When there will be considerable work completed in the very near future and a judge may hesitate to ask the owner to remove it because of expense.
D. The board should obtain an injunction whenever possible to stop all owners from violating the documents.

Answer 3

C. When a neighbor advises the board that he or she will sue the association of action is not taken immediately.

Question 4

Assessment of a fine may be enforced if the person alleged to have violated the rule has received notice of the alleged violation informing him of which of the following (NRS 116.31031, Section 4 & 5):
A. A notice advising him or her of their opportunity to request a hearing.
B. A notice of the date, time and location of the hearing.
C. A notice advising him of his opportunity to attend and debate with the board.
D. A notice advising them of an immediate fine.

Answer 4

D. A notice advising them of an immediate fine.

Question 5

Rules adopted by a common-interest community require which of the following except:
A. Be reasonable related to the purpose for which they are adopted.
B. Must be sufficiently explicit to inform a unit’s owner, tenant or guest of any action or omission required for compliance.
C. Be given to all owners at least 30 days before implementation.
D. Give the board preferential treatment because of all of the time they volunteer.

Answer 5

D. Give the board preferential treatment because of all of the time they volunteer.

Question 6

Any owner who is the subject of a hearing in an executive session of a board meeting, must:
A. Be provided a copy of the decision in the minutes, upon request.
B. Not be allowed to attend the hearing.
C. Must be advised that he cannot be represented by legal counsel.
D. Bring witnesses to defend his position.

Answer 6

A. Be provided a copy of the decision in the minutes, upon request.

Question 7

There are no limits on fines levied by the board for:
A. Health, safety and welfare issues.
B. Fines against board members.
C. Fines on committee members.
D. Fines against the vendors.

Answer 7

A. Health, safety and welfare issues.

Question 8

Executive session meeting of the board of directors in Nevada can be held to discuss the following issues except for which of the following:
A. Consult with the attorney for the association on matters relating to proposed or pending litigation.
B. Discuss matters relating to personnel.
C. Discuss violation of the governing documents alleged to have been committed by a unit owner or his tenant.
D. Consult with the landscaper and approve the landscape contract.

Answer 8

D. Consult with the landscaper and approve the landscape contract.

Question 9

A nomination form or notice of an owner’s right to run for the board of director’s must be sent:
A. As required by the bylaws.
B. A nomination form is not required since a nomination committee will pick the candidates.
C. Nevada law requires a 30 day notice to all owners of their ability to run for the open spots on the board of directors before the ballot is prepared.
D. Nevada law requires that the notice be send with 15 days of the date the ballot is prepared.

Answer 9

C. Nevada law requires a 30 day notice to all owners of their ability to run for the open spots on the board of directors before the ballot is prepared.

Question 10

The following individuals can vote a proxy except:
A. Only a member of the owner’s immediate family.
B. A tenant of the owner’s unit who resides in the common-interest community.
C. The board of director by majority vote.
D. Another units owner who resides at the property.

Answer 10

C. The board of director by majority vote.

Question 11

What is the best approach to enforcement in a common-interest community?
A. Proactive and reactive enforcement combined.
B. Reactive enforcement
C. Proactive enforcement
D. Conversational and directed

Answer 11

A. Proactive and reactive enforcement combined.

Question 12

When a hearing is held, the first thing the board should determine is:
A. Whether there was a violation in the first place based on evidence considered at the hearing.
B. Whether a neighbor has been the complaining party and wants to take it further.
C. Whether the owner intends to pay the fine.
D. Whether the owner is one of the good guys and not. One of t he trouble makers.

Answer 12

A. Whether there was a violation in the first place based on evidence considered at the hearing.

Question 13

Which statement is most correct about a unit’s owner right in t he Association to enforce any provision in any governing document?
A. Owners must file small claims actions if they wish to enforce any action.
B. Owners never have the right to enforce contacts as the association is the only entity that can enforce the documents.
C. Owners normally have the right to enforce any of the provisions in any of the governing documents if the board fails to or refuses to do so.
D. Owners do not need to be concerned about enforcing any of the provisions in any of the documents as the board has the ultimate authority.

Answer 13

C. Owners normally have the right to enforce any of the provisions in any of the governing documents if the board fails to or refuses to do so.

Question 14

Does NRS 116 protect the right of an owner to display the flag of the US within the portion of the CIC that the owner has the exclusive right to occupy?
A. Yes.
B. No.

Answer 14

A. Yes

Question 15

If the documents allow it, under what circumstances may the association of the CIC levy a fine against a tenant as defined in NRS 116.31031?
A. For construction penalties.
B. If it involves a vehicle delivering goods or providing services.
C. Violation of most provisions of the governing documents.
D. For a violation of which the tenant was not given prior notice.

Answer 15

C. Violation of most provisions of the governing documents.

Question 16

Under the Fair Debt Practices Act, how many days does the owner have to dispute the debt before the association may take any further action to collect?
A. 30
B. 60
C. 90
D. 120

Answer 16

A. 30

Question 17

Can association liens for violations be foreclosed on in the CIC and if so for what reasons?
A. Whenever the board determines enough is enough.
B. Whenever the amount owed goes over $1000.
C. When the issue will affect the health, safety and welfare of the other owners.
D. They can’t be foreclosed on ever.

Answer 17

C. When the issue will affect the health, safety and welfare of the other owners.

Question 18

What is the best type of enforcement?
A. Proactive
B. Reactive.
C. Reactive and proactive.
D. Latent and patent.

Answer 18

C. Reactive and proactive.

Question 19

Are there any limitations on fines for health and safety issues?
A. Yes
B. No

Answer 19

B. No

Question 20

Are there any limitations on fines for non-health and safety issues?
A. Yes
B. No

Answer 20

A. Yes

Question 21

Must the owner of the property, in which he has a tenant, be required to follow the same rules as the other owners when dealing with architectural issues?
A. Yes
B. No

Answer 21

A. Yes

Question 22

How often can a board continue to fine an owner in violation of the governing documents NRS 116.31031, Section 7. Which is the most correct answer?
A. There is no limit on continuing fines in Nevada law.
B. The board is limited to a$1000 maximum on continuing fines.
C. The board is limited on continuing fines by Nevada law up to $20,000 and then it must go to arbitration.
D. The board is limited on continuing fines by Nevada law up to $10,000 and then it must go to arbitration.

Answer 22

A. There is no limit on continuing fines in Nevada law.

Question 23

The association can’t prohibit drought tolerant landscaping unless the homeowner doesn’t make an attempt to do what? (NRS 116.330)
A. Get each owner on each side of him or her to sign a document stating that they do not have any problem with the plans as drafted.
B. Get at least one board member to agree that the project blends in with the community and that the board member will take itotameeting for him or her to get approval.
C. Submit a detailed description or plans for the drought tolerant landscaping for architectural review and approval in accordance with the procedures,if any,set forth in the governing documents of the association,which must be compatible with t he style of the CIC.
D. Submit a detailed description or p lans for the drought tolerant landscaping for review and approval of the City or County planning in accordance with their procedures, but the plans must also be compatible with the style of the CIC.

Answer 23

C. Submit a detailed description or plans for the drought tolerant landscaping for architectural review and approval in accordance with the procedures,if any,set forth in the governing documents of the association,which must be compatible with t he style of the CIC.

Question 24

What is the most the board can fine for each violation of the governing documents? NRS 116.31031 Section 1 - Which is the best answer for the initial fine amount under consideration by the board?
A. $10.00 foreach violation or a total amount of 100, whichever is less.
B. $1,000 for each violation or a total amount of $5,000, whichever is less.
C. $75 for the first violation, $100 for the second or a total amount of$500, whichever is less.
D. $100.00 for each violation or a total amount of$1,000, whichever is less. This does not include continuing fines, however.

Answer 24

D. $100.00 for each violation or a total amount of$1,000, whichever is less. This does not include continuing fines, however.

Question 25

Who can receive a violation letter in the association and other important association documentation as stated in the law if proper notice was given to all parties prior to the violation and the documents so provide? NRS 116.31031,Section 1 & 3 - Which is the best answer of the 4 choices.
A. The unit’s owner, a tenant,an invitee of a unit’s owner or a tenant.
B. The unit’s owner is the only one who can receive a violation on his property or the common elements.
C. There are no restrictions on who can be sent violation notices or receive other important association documentation.
D. The unit’s owner, a tenant, his attorney and the property manager for the owner.

Answer 25

A. The unit’s owner, a tenant,an invitee of a unit’s owner or a tenant.