CAM 2026 PRACTICE SOLUTION STUDY
GUIDE TESTED QUESTIONS WITH
ANSWERS
◉ Eminent Domain. Answer: Power of a government to take private
property for public use.
◉ Police power. Answer: state power to enact and impose legal
restrictions and regulations
◉ Escheat. Answer: The state takes property upon an owners death
if there is no will & no heirs exist.
◉ Public Encumbrances. Answer: The governmental powers limiting
our property rights. Including property taxes, police power, escheat,
and eminent domain
◉ Private Encumbrances. Answer: anything that affects the title,
fees, or use of land that inhibits on Owner's Four Rights
Includes: Liens, easements, Encroachments, private restrictions
,◉ Lien. Answer: a right to collect/possess property/money
belonging to another person until a debt owed by that person is
discharged.
◉ encroachment. Answer: illegal intrusions to a property
◉ Easments. Answer: allows someone to use or enjoy all or a portion
of someone else's property
◉ Recorded Deed records are housed in the. Answer: Superior Court
of the county where the property is located
◉ Can a POA or HOA be created in a high rise building?. Answer: No!
◉ Condominium Property. Answer: Any type of property can be
created as a condominium; it is the relationship owners have to the
land and each other; therefore, what is owned (common elements,
property lines and boundaries, and surrounding land/air) and its
relationship to the other owners.
◉ Common Elements. Answer: If an area is not part of a unit, then it
is automatically apart of the common elements (whether limited or
regular common); this includes any stairwells, elevators, parking
spaces, clubhouse, lobbies, ramps, front yards in townhomes or
regular homes, etc.
,◉ Limited Common Elements. Answer: Limitations on common
elements to allow just a certain individual(s) that are assigned to
utilize them (i.e. assigned parking spaces, balconies, storage spaces)
◉ Do owners in GCA's own Undivided or Divided interests in the
common elements with other unit owners?. Answer: Undivided. This
is because if it was divided then it would be a joint tenancy with
equal shares.
◉ Does the condominium corporation own any of the common
elements?. Answer: No! The common elements are owned by all of
the unit owners as tenants-in-common (undividedly)
◉ Does the AOA exist in the printed laws of the State of Georgia?.
Answer: No. As of July 1st, 1975, new condominiums had to be
created according to the GCA (Georgia Condominium Act).
◉ GCA (Georgia Condominium Act). Answer: Created July 1st, 1975,
declared any condominiums created must create and file three
documents in the Superior Court land records of every county where
the property is located. The declarant (normally the developer) must
also incorporate an entity to operate the condominium.
, ◉ What are the Three Documents required to create a Condominium
according to the GCA?. Answer: 1. Declaration
2. Floor Plans
3. Plats
◉ Does the GCA require any other legal documents in addition to the
declaration, floor plans, and plats?. Answer: Yes! The condominium
must be incorporated as a nonprofit mandatory membership
corporation. Also, before the first conveyance of any unit, the
declarant is required to appoint the first board of directors, elect the
officers, and organize the association.
◉ In order to create a corporation, does one need to file the Articles
of Incorporation with the Georgia Secretary of State and do the
Bylaws need to be adopted to operate the corporation?. Answer: Yes.
They do! And copied files must be kept on file for any owners to
review at request
◉ Articles of Incorporation list:. Answer: Initial directors, the official
address of the corporation, the registered agent, and the name of the
incorporator
◉ Bylaws typically contain provisions about how the corporation
should operate and specifics about:. Answer: -Annual, special, and
board meetings
GUIDE TESTED QUESTIONS WITH
ANSWERS
◉ Eminent Domain. Answer: Power of a government to take private
property for public use.
◉ Police power. Answer: state power to enact and impose legal
restrictions and regulations
◉ Escheat. Answer: The state takes property upon an owners death
if there is no will & no heirs exist.
◉ Public Encumbrances. Answer: The governmental powers limiting
our property rights. Including property taxes, police power, escheat,
and eminent domain
◉ Private Encumbrances. Answer: anything that affects the title,
fees, or use of land that inhibits on Owner's Four Rights
Includes: Liens, easements, Encroachments, private restrictions
,◉ Lien. Answer: a right to collect/possess property/money
belonging to another person until a debt owed by that person is
discharged.
◉ encroachment. Answer: illegal intrusions to a property
◉ Easments. Answer: allows someone to use or enjoy all or a portion
of someone else's property
◉ Recorded Deed records are housed in the. Answer: Superior Court
of the county where the property is located
◉ Can a POA or HOA be created in a high rise building?. Answer: No!
◉ Condominium Property. Answer: Any type of property can be
created as a condominium; it is the relationship owners have to the
land and each other; therefore, what is owned (common elements,
property lines and boundaries, and surrounding land/air) and its
relationship to the other owners.
◉ Common Elements. Answer: If an area is not part of a unit, then it
is automatically apart of the common elements (whether limited or
regular common); this includes any stairwells, elevators, parking
spaces, clubhouse, lobbies, ramps, front yards in townhomes or
regular homes, etc.
,◉ Limited Common Elements. Answer: Limitations on common
elements to allow just a certain individual(s) that are assigned to
utilize them (i.e. assigned parking spaces, balconies, storage spaces)
◉ Do owners in GCA's own Undivided or Divided interests in the
common elements with other unit owners?. Answer: Undivided. This
is because if it was divided then it would be a joint tenancy with
equal shares.
◉ Does the condominium corporation own any of the common
elements?. Answer: No! The common elements are owned by all of
the unit owners as tenants-in-common (undividedly)
◉ Does the AOA exist in the printed laws of the State of Georgia?.
Answer: No. As of July 1st, 1975, new condominiums had to be
created according to the GCA (Georgia Condominium Act).
◉ GCA (Georgia Condominium Act). Answer: Created July 1st, 1975,
declared any condominiums created must create and file three
documents in the Superior Court land records of every county where
the property is located. The declarant (normally the developer) must
also incorporate an entity to operate the condominium.
, ◉ What are the Three Documents required to create a Condominium
according to the GCA?. Answer: 1. Declaration
2. Floor Plans
3. Plats
◉ Does the GCA require any other legal documents in addition to the
declaration, floor plans, and plats?. Answer: Yes! The condominium
must be incorporated as a nonprofit mandatory membership
corporation. Also, before the first conveyance of any unit, the
declarant is required to appoint the first board of directors, elect the
officers, and organize the association.
◉ In order to create a corporation, does one need to file the Articles
of Incorporation with the Georgia Secretary of State and do the
Bylaws need to be adopted to operate the corporation?. Answer: Yes.
They do! And copied files must be kept on file for any owners to
review at request
◉ Articles of Incorporation list:. Answer: Initial directors, the official
address of the corporation, the registered agent, and the name of the
incorporator
◉ Bylaws typically contain provisions about how the corporation
should operate and specifics about:. Answer: -Annual, special, and
board meetings
