Verified Solutions
1. When we are talking about amending the documents, which of the following is
correct?
A. If proviso made and percentage stated, then that percent
B. If no proviso, then 100%
C. If proviso made but no percentage stated, then 66 2/3%
D. All of the above - ANSWER -D. All of the above
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?
A. A majority vote of the board of directors at a regular business meeting
B. A majority vote of all the voting interests in the association
C. A majority vote by the Board of Governors at an amendment meeting
D. Approval of 2/3 of the voting interests in the association - ANSWER -D.
Approval of 2/3 of the voting interests in the association
HOA document amendments must be approved by two-thirds of the owners unless
the documents provide otherwise.
3. That property owned by the association for the use and benefit of its owners is
called _______.
A. limited common elements
B. condominium parcel
C. common elements
D. association property - ANSWER -D. association property
,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.
4. The portion of the community property shared by all of the owners and
members is _______.
A. Limited Common Elements
B. Association Property
C. Common Elements
D. All Easements - ANSWER -C. Common Elements
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.
5. The part of a condominium that is subject to exclusive use is called _______.
A. common elements
B. association property
C. a unit
D. easements - ANSWER -C. a unit
A UNIT is that part of the property reserved for the exclusive use of an owner. It
may be land, improvements, or land and improvements.
6. Common elements may be enlarged _________.
A. by a majority vote of the Board
B. only if the Association has the appropriate funds available
C. by a two-thirds vote of the owners
D. by an amendment of the declaration of condominium - ANSWER -D. by an
amendment of the declaration of condominium
Common Elements may be enlarged by an amendment to the Declaration of
Condominium. The amendment must be made in accordance with the documents.
, 7. Condominiums created after April 1, 1992 may allocate shares of common
elements by ________.
A. Square footage
B. Equal basis
C. Developer's method
D. Both A or B - ANSWER -D. Both A or B
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.
8. 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?
A. A majority vote of the directors at a board meeting
B. Approval by the Chairman of the Grounds Committee
C. Approval by 75% of the unit owners present at a budget committee meeting
D. Approval by 75% of the total voting interests of the association - ANSWER -D.
Approval by 75% of the total voting interests of the association
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.
19. Prior to transition of an HOA, the developer may amend the documents
______________________.
A. only with a majority vote of the owners
B. by filing a certificate with the State
C. in any way he sees fit
D. subject to a test of reasonableness - ANSWER -D. subject to a test of
reasonableness
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.
20. The developer supplies the association with the copies of the certificates of
occupancy ___________.
A. as he gets them
B. when he thinks they need them
C. at transition
D. when asked for them - ANSWER -C. at transition
Within 90 days of when the members are entitled to elect a majority of the Board,
the developer, at his expense, must turn over all of the property and official records
to the association. This includes the association building plans used in the
construction of the building, warranties, a list of contractors, sub-contractors, and
suppliers, a copy of the certificate of occupancy and all permits applicable to the
properties. An audit from inception to turnover date must be conducted at the
developer's expense and an architect's or engineer's turnover inspection report shall
be turned over by the Developer attesting to the required maintenance, useful life,
and replacement costs of certain common elements listed in the statute.
21. The association has the irrevocable right of access to each unit during
reasonable hours for _________.
A. Maintenance, repair or replacement of common elements
B. Replacement of wall coverings, floor coverings, and appliances
C. Inspection for rules violations
D. Only with owner - ANSWER -A. Maintenance, repair or replacement of
common elements
The Condominium Act provides each owner the exclusive possession of his or her
unit. The association has the irrevocable right of access to each unit during
reasonable hours. Association access is for maintenance, repair, or replacement of
any common elements or any portion of a unit to be maintained by the association
pursuant to the declaration. It may also be necessary to prevent damage to the
common elements or to another unit or units.
22. For HOAs, members other than the developer are entitled to elect at least one
member of the board if at least ____ of all parcels have been conveyed to
members.
A. 10 percent
B. 50 percent