QUESTIONS WITH ANSWERS RATED A+
✔✔Once a developer has filed all required legal documents to offer units for sale, what
✔✔To complete the creation of a community association, regardless of type, the
developer must file all except what? - ✔✔Form SS-4, Application for Employer
Identification Number with the Internal Revenue Service
✔✔What is not true regarding the Division? - ✔✔The bureau of Compliance ensures
compliance with an association's legal documents
✔✔The Florida State Building Code Commission must approve any changes to the....? -
✔✔Florida Building Code requested by local governments
✔✔When the legislature enacts or amends a statute that impairs a vested substantive
right, the contracts clause.... - ✔✔Generally prevents it from being applied to the
primary legal documents
✔✔Under what condition may an amended statute take precedence over the primary
legal documents? - ✔✔If there is clear indication that the legislature intended to clarify
existing law or that the amendment is to be retroactive, it is possible then that the
amended statute may take precedence
✔✔Many attorneys who prepare the primary legal documents have anticipated potential
issues with the contracts clause and have also included what is known as... -
✔✔Kaufman language
✔✔What are local ordinances? - ✔✔Laws of the local goverment
✔✔According to the Florida Constitution, what is the contracts clause? - ✔✔The
contracts clause states that the legislature cannot enact a law that impairs substantive
rights in a private contract
✔✔The association's formal documents include the phrase, "As may be amended from
time to time." To what does this most likely refer? - ✔✔It refers to modifications of law
by the legislature
✔✔What are the 3 formal documents that an HOA or condominium must have? -
✔✔Articles of incorporation, bylaws and a declarations of covenants and restrictions
✔✔What is the declaration, articles of incorporation and bylaws often referred to as? -
✔✔Formal Documents
, ✔✔In the event of a conflict among the documents, what is the order of which each
document will take precedence over the other? - ✔✔The declaration takes precedence
over the articles of incorporation and the bylaws, and the articles take precedence over
the bylaws
✔✔What is the purpose of a declaration? - ✔✔All declarations contain covenants,
conditions and restrictions, which define and place limitations on the use of the property
and facilities. A declaration "runs" with the land.
✔✔What are declarations generally based in? - ✔✔Real estate law and occasionally
some provisions may be governed by contract law
✔✔By Statute, a valid declaration of condominium must contain or provide the following:
- ✔✔1. Name of the condominium
2. Legal description of the land
3. Identification of each unit by letter or number
4. Percentage by which each member owns the common elements and shares in the
common expenses
5. Unit owner membership and voting rights
6. Establishment of easements for ingress, egress and access
✔✔What is the articles of incorporation? - ✔✔It's the legal document that establishes
the corporate entity responsible for the management, maintenance and operation of the
community association. This entity, pursuant to statutory requirements, is formed as a
corporation.
✔✔What information must the articles of incorporation include? - ✔✔1. corporation
name
2. mailing address of the corporation
3. purpose of the corporation
4. manner in which the directors will be appointed or elected
5. determine whether the corporation is to be for-profit or not-for-profit
✔✔The corporation (association) may begin to operate once.... - ✔✔The Department of
State sends a corporate number
✔✔What is the purpose of the bylaws? - ✔✔The bylaws formally establish the
procedures for carrying out the association's responsibilities. They are governed by
corporate law
✔✔If the bylaws of a condo or co-op exclude any or all of the provisions, the law... -
✔✔Automatically includes them by reference - known as "silent bylaws"