QUESTIONS WITH DETAILED ANSWERS.
VERIFIED LATEST UPDATE |ASSURED PASS.
Condominium form of ownership is comprised of units owned by one or more persons and joint
ownership of share in the common elements.
-CORRECT ANSWER->>B. an undivided
-EXPLANATION->>Condominium means individual ownership of a unit coupled with joint ownership of
an undivided share of the common elements as well as mandatory membership in the association.
Under the General Corporate Law , community associations have the right to buy, sell or lease real
property. Under the condo and co-op laws , condos and coops have the specific authority to acquire
title.
-CORRECT ANSWER->>D. & 719
-EXPLANATION->>FS 607 is General Corporate Law, FS 718 is condominiums, and FS 719 is
cooperatives.
A person doing the following for remuneration must have a license.
Posts notices for meetings and chairs committee meetings
Prepares budgets and financial statements.
Supervises maintenance.
All of the above. -CORRECT ANSWER->>D. All of the above.
-EXPLANATION->>A person who provides the following services for compensation must be licensed
by DBPR
Disburse funds
Prepare budgets and/or financial reports Notice or conduct meetings
Coordinate maintenance or other day-to-day services involving the operation of the association
Application for renewal of a CAM license shall be postmarked by . If renewal application is
postmarked after of the renewal year, the license shall be deemed expired.
-CORRECT ANSWER->>C. September 30, October 31
-EXPLANATION->>Renewal applications shall be postmarked on or before September 30 each even
year. If the renewal application is postmarked after October 31, that license is deemed expired.
Restrictive covenants that run with the land as permanent restrictions remain in effect until .
-CORRECT ANSWER->>D. The community is terminated
-EXPLANATION->>When you purchase, you know that these covenants exist and will continue to exist
for the life of the condominium or parcel and upon resale, the next owner inherits the same covenants.
This is called running with the land.
The Cooperative documents must contain all of following except .
-CORRECT ANSWER->>B. Identification by unit number/letter
-EXPLANATION->>Under Cooperative law, the co-op documents include the Articles of Incorporation
and By-Laws, a definition of the grounds lease, the owner's share and membership in the co-op and
title or right to use of a unit.
The creates the association and the creates the condominium.
,Declaration of Condominium / Articles of Incorporation
-CORRECT ANSWER->>C. Articles of Incorporation / Declaration
-EXPLANATION->>The Articles of Incorporation, also known as the Corporate Charter, are the
documents that create the association. The Condominium is established when the developer records
the Declaration of Condominium with the county clerk in the county seat of the county in which the
condominium is to be built.
What defines the membership and the voting rights of the Association?
-CORRECT ANSWER->>A. Corporate Charter
-EXPLANATION->>The Articles of Incorporation, also known as the Corporate Charter, provide the
framework for the organization of the association and define its membership and the voting rights of the
members.
The establish(es) the procedures for carrying out the day-to-day responsibilities of the
association.
-CORRECT ANSWER->>C. By-laws
-EXPLANATION->>The By-Laws establish the procedures for carrying out the association's
responsibilities and clarify the day-to-day duties necessary to carry out the responsibilities of the
association.
If the governing documents of an association conflict, which of the following is the proper order of
priority?
-CORRECT ANSWER->>B. Declaration, Articles of Incorporation, By-laws, Board Rules & regulations
-EXPLANATION->>All of the documents should be consistent with each other. Their order of priority is:
Declaration of Condominium
Articles of Incorporation By-Laws
Rules and Regulations
When we are talking about amending the documents, which of the following is correct?
If proviso made and percentage stated, then that percent
If no proviso, then 100%
If proviso made but no percentage stated, then 66 2/3%
All of the above -CORRECT ANSWER->>D. All of the above
-EXPLANATION->>Each document must provide for procedures for amendment. If they do not, then
they can only be made with the approval of all of the owners. Usually, documents provide for the
percentage of owners necessary to amend the document. If the documents provide for amendment but
do not state the percentage necessary then two-thirds of the owners must agree to the amendment.
Summary:
If no proviso for amendment, then 100%
If proviso made but percentage not stated, then 66 2/3% If proviso made and percentage stated, then
that %
In a Chapter 720 Homeowners Association, which of the following is required to amend the governing
documents?
-CORRECT ANSWER->>D. Approval of 2/3 of the voting interests in the association
-EXPLANATION->>HOA document amendments must be approved by two-thirds of the owners unless
the documents provide otherwise.
That property owned by the association for the use and benefit of its owners is called
-CORRECT ANSWER->>D. association property
, -EXPLANATION->>ASSOCIATION PROPERTY refers to the real or personal property leased, owned
or controlled by the association for the use of the members. This is different from common elements
which are jointly owned by the owners. Examples would be a leased parking area, a golf cart used by
management, or a popcorn machine in the clubhouse.
The portion of the community property shared by all of the owners and members is
-CORRECT ANSWER->>C. Common Elements
-EXPLANATION->>A COMMON ELEMENT is that property shared by all of the owners and members
of the community. Common elements are the portions of the condominium property not included in the
units. Examples are pools, parking lots, tennis courts, etc. The common elements and the percentage
of ownership are found in the Declaration of Condominium. The common elements are owned by all of
the owners.
The part of a condominium that is subject to exclusive use is called .
-CORRECT ANSWER->>C. a unit
-EXPLANATION->> UNIT is that part of the property reserved for the exclusive use of an owner. It may
be land, improvements, or land and improvements.
Common elements may be enlarged .
-CORRECT ANSWER->>D. by an amendment of the declaration of condominium
-EXPLANATION->>Common Elements may be enlarged by an amendment to the Declaration of
Condominium. The amendment must be made in accordance with the documents.
Condominiums created after April 1, 1992 may allocate shares of common elements by .
Square footage
Equal basis
Developer's method
Both A or B -CORRECT ANSWER->>D. Both A or B
-EXPLANATION->>Since April 1, 1992, the percentage of ownership is expressed either by the square
footage of the unit as a percentage of the total square footage in all of the units - or - as an equal
fractional basis of all of the units.
The board of directors at the Sunshine Condominium agreed to increase the size of the main swimming
pool. Which of the following would be required to make this happen?
-CORRECT ANSWER->>D. Approval by 75% of the total voting interests of the association
-EXPLANATION->>This would be a material alteration to the common elements.
For condominiums or cooperatives, you cannot materially alter or substantially add to the common
elements except in the manner provided for in the documents. If the documents provide for alterations
or additions, but do not set forth the manner, then at least 75% (two-thirds for cooperatives) of the
owners must approve the alteration or addition.
Prior to transition of an HOA, the developer may amend the documents
-CORRECT ANSWER->>D. subject to a test of reasonableness
-EXPLANATION->>Prior to transition of control of an HOA, the right of the developer to amend the
association's documents is subject to a test of reasonableness which prohibits the developer from
making amendments that are arbitrary, capricious, in bad faith, destroy the general plan of
development, prejudice the rights of existing nondeveloper members to use and enjoy the benefits of
common property or materially shift economic burden from the developer to the existing nondeveloper
members.