EXAM FINAL PAPER 2025/2026 QUESTIONS WITH
ANSWERS GRADED A+
✔✔General hierarchy of authority for governing docs - ✔✔If there are conflicts between
✔✔Basic steps in a community association due process procedure for handling alleged
rule violations. If violation is resolved after any of the steps, don't need to continue to
enforcement process - ✔✔1. Consider calling the resident or sending a courtesy letter
to resolve violation. Check state statutes or governing docs for guidance w/ formal
enforcement process
✔✔ - ✔✔2 Issue a formal "cease & desist" letter by certified mail which contains:
=specific description of alleged violation
=action required to resolve alleged violation
=specific time which the alleged violation must be corrected
=Penalty which may be imposed after a hearing if the alleged violation is not corrected
within the stated time (specified by state statute, your governing docs or board
resolution)
✔✔ - ✔✔3. Issue a hearing notice if the alleged violation is not resolved within the
stated time. Written notice to alleged violator that a hearing will be held.
✔✔ - ✔✔4 Hold the scheduled hearing if the alleged violation is not resolved within the
stated time. Time for both association & violator to hear the input of the other. Hold
default hearing in the absence of violator.
✔✔ - ✔✔5 Issue a decision after hearing is held. Hearing panel determines the facts:
whether or not a rule has been violated; penalty to be imposed, if any; enforcement date
of penalty. No decision is given during a hearing to avoid claims that the hearing panel
was predisposed to a particular point of view. Hearing panel should issue its written
decision within time frame mandated by state statute, governing docs, or an
administrative resolution by board
✔✔ - ✔✔6 Allow for an appeal of a decision. An appeal is a request for a review of a
case by a higher authority-if permitted by the governing docs, resolution or statute
✔✔Alternative Dispute Resolution - ✔✔Submitting a dispute to a trained, uninvolved 3rd
party for assistance w/ solving a problem. May be nonbinding or 3rd party may merely
act as a facilitator.
✔✔How does arbitration differ from mediation? - ✔✔Mediation is non-adversarial
process that is intended to bring about a win-win resolution.
A neutral 3rd party - called a mediator - attempts to guide the parties into reaching a
resolution or settlement favorable to everyone.
, Can be binding or nonbinding, depending on the terms agreed upon between the
parties before the session begins
✔✔ - ✔✔Arbitration is the process in which a 3rd party - called the arbitrator - renders a
decision as to the respective liabilities of all parties.
Objective isn't to reach a settlement; instead the arbitrator ultimately makes a ruling.
It's an adversarial process that results in the same "win-lose" or lose-lose that you
would see in litigation
✔✔Internal Resources for Enforcing Rules - ✔✔Suspend Voting Rights
✔✔ - ✔✔Suspend use of amenities or recreation facilities
✔✔ - ✔✔Fines
✔✔ - ✔✔Evictions
✔✔ - ✔✔Self Help corrections-this is when the community association takes action itself
to correct the violation.
✔✔External Resources for Enforcement of rules - ✔✔Health Department: number of
occupants in a unit; internal use of a unit or storage on a lot; pervasive stench or pet
feces
✔✔ - ✔✔Zoning: fence or shed regulations; setback restrictions; restrictions on
commercial use of dwellings; removal of vehicles, boats & trailers from lots or common
areas
✔✔ - ✔✔Local Police: Can help w/ noise control & suspected illegal activity & will offer
onsite presentations on crime prevention. Good idea to develop good working
relationship with local police dept.
✔✔ - ✔✔Fire Dept: help w/ enforcement of fire lanes & removal of hazardous materials
✔✔ - ✔✔Building//Planning Dept: local govt that issues building permits. May help if unit
is in violation of an existing building, fire plumbing or electrical code
✔✔ - ✔✔Animal Control: can request they patrol community for animals in violation of
pet rules
✔✔Enforcement of Architectural Guidelines - ✔✔Community's enforcement of
architectural guidelines can be upheld in a court of law.
Manager should advise a board of any violations of architectural guidelines as soon as
they're discovered.