ALL for Cam Law
How many days after presenting the disclosure summary (explaining costs and other obligations) does a prospective HOA parcel owner have to cancel a sale?
3 days after disclosure
Florida Statute, Chapter 721, requires that a copy of the budget be submitted to the Division for review within ______ days after the beginning of each fiscal year.
30 days
Hotel
Generally speaking, the ADA does not apply to condominium associations or homeowners associations unless the association permits use by members of the public, or functions in the manner of a .
1 year After transferring ownership of a condominium association to the members, developer warranties for first time purchasers continue to run for 1 year. 718.203 F.S.
How long after transferring ownership of a condominium association to the members do the developer warranties continue to run for first time purchasers?
After developer turnover to the members, what type of member complaints does the Division not have jurisdiction to investigate?
Maintenance
In a corporation not for profit, the income or profit is distributable to _________.
The key distinguishing characteristic of a corporation not-for-profit is that the corporation's income may not be distributed to its members, directors, or officers.
All of the above -A copy of the bylaws -A copy of the current rules and regulations -The minutes of all meetings of the board going back 7 years
Which of the following is a type of record an HOA must maintain?
7 years
Within how many years must a phase condominium be completed in its entirety?
The Soldiers and Sailors Civil Relief Act is ____________.
a Federal law which prevents certain collection activity against active duty military
What is it called when a party attempts to force the sale of real property (unit) in order to recover the money owed to the creditor (a bank or the association)?
foreclosure
The clause in a contract where a party promises financial reimbursement to an individual in case of their future damage, loss, or injury.
indemnification clause If you are the indemnified party, an indemnification clause is simply a promise by the other party to cover your losses if they do something that causes you harm or causes a third party to sue you. You will often find indemnification clauses in management contracts to protect managers. Indemnification clauses may also be in the governing documents to protect board members.
Accessory rights which are inherent in the ownership of the property in a condominium are ______________ .
- memebership - exlusive right to use common elements - appurteneance
After levying a special assessment, Skywest Condominium Association ended up with a $40,000 surplus. Which of the following must the Association do with the $40,000 surplus?
- reduce assessments for the following year - distribute the surplus to the members
Who must sign a claim of lien?
-an officer of the association -an agent of the association
For how many years from the time of its recording is a condominium association lien effective?
1 years HOA and timeshare liens are viable for five years / Condos and Cooperatives 1 year
A condominium association must give a __ day notice before filing a lien.
45 days A 2021 amendment changed the Condo requirement from 30 days to 45 days.
Dottie Ferman has just turned Skywest Condominium over to the members of the Association. The governing documents do not specify how many members must serve on the board of directors. There are 25 units in Skywest. How many board members must Skywest have?
5
For how many years from the time of its recording is an HOA lien effective?
5 HOA and timeshare liens are viable for five years
parcel
A ___________ is a lot within an HOA community which is capable of separate conveyance and the owner is obligated to be a member of the association and pay assessments that, if not paid, may result in a lien. 0 / 1 points
55 A building may be exempt from the provisions of the Fair Housing Act related to familial status if at least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older.
A building may be exempt from the provisions of the Fair Housing Act related to familial status if at least 80 percent of the occupied units are occupied by at least one person who is years of age or older.
Declaration
A condominium cannot be converted into a timeshare plan unless the ________ authorizes it to do so.
1 year
A current copy of all contracts to which the HOA is a party, including, without limitation, any management agreement, lease, or other contract under which the association has any obligation or responsibility. Bids received by the association for work to be performed must also be considered official records and must be kept for a period of .
Some documents restrict the right of sale of units and require the approval of the Board of Directors. This is called the _______________.
A right of first refusal clause is where governing documents restrict the right of sale of units and require the approval of the Board of Directors to transfer ownership
Equitable estoppel - In community associations, equitable estoppel may be a valid legal defense for a rule-breaking owner to claim "ignorance of the law". If a rule is not clearly communicated or regularly enforced, the rule may become unenforceable by the Board.
A violation of a rule of an association may not be enforceable if the board doesn't act in a timely manner to correct the situation based on the principal of:
The board- The board of administration is responsible for electing which directors will serve as officers of the board, unless the governing documents specifies an alternative method. The duties of the officers should be set forth in the association's bylaws.
Absent any contrary provision regarding the manner of electing officers to a condominium association, who elects the officers?
7 Section 718.301, FS, requires that developers give up control of condominium associations seven years after the recording of the Declaration of Condominium.
According to Florida Statutes Chapter 718, transition must occur within how many years of creation of the condominium?
3 A quorum in most cases is a majority of the board members. Sometimes the governing documents may provide a different quorum.
Acme Homeowners Association has a board consisting of five members. How many board members are required to be present to have a quorum?
1 year
After developer transfer of ownership to the members of a condominium association, how long after transition do the developer warranties (of fitness and merchantability) continue?
All members - Members have the right to attend all meetings of the board. The right to attend such meetings includes the right to speak at such meetings with reference to all designated items. The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak. Notwithstanding any other law, meetings between the board or a committee and the association's attorney to discuss proposed or pending litigation or meetings of the board held for the purpose of discussing personnel matters are not required to be open to the members other than directors.
All meetings of the board must be open to ________ except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege.
The appurtenances associated with ownership of a cooperative parcel are: • Evidence of membership, ownership of shares, or other interest in the association with the full voting rights • An undivided share in the assets of the association • The exclusive right to use that portion of the common areas • An undivided share in the common surplus • Any other appurtenances provided for in the cooperative documents. 719.105 F.S.
Appurtenances associated with ownership of a Cooperative parcel include:
Biscayne Condominium Association is an association with 150 units. Which of the following statements are true?
By January 1, 2019, an association managing a condominium with 150 or more units which does not contain timeshare units shall post digital copies of the documents specified in subparagraph 2. on its website which must be accessible through the internet. A 2021 Amendment now allows condominium associations to post document via an application that can be downloaded on a mobile device in lieu of posting on a website
The Cooperative Act
Chapter 719 Florida Statutes is also known as
7 years of creation of the condominium
Condominium transition/turnover must be completed within ________________________ .
What is the form of ownership of real property in which legal title is vested in an association and the right to occupy or use is evidenced by an ownership interest in the association and a proprietary lease?
Cooperative
*The charging station cannot be installed if the Association's declaration or restrictive covenants prohibits charging stations.
Elon Muskburger owns a condominium unit at Shoreland Condominium Association, and recently bought an electronic vehicle (EV). He wants to install an EV charging station within his limited common element parking area. Which of the following statements is NOT true?
3 IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THE CONTRACT FOR SALE, THE CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST.
How many days does a prospective buyer have to cancel after the disclosure summary required by 720.401 F.S. is provided, if the disclosure was not provided prior to executing the contract for sale?
1/52 One week in a timeshare plan represents a 1/52 fractional interest in a particular unit, that is, one week out of the fifty-two weeks in the entire year.
In a timeshare plan, what is the weekly fractional interest in a unit?
Permanently from inception Condominium and cooperative associations must now permanently maintain specific documents from the inception of the association, unlike the previous 7-year limitation. The following is a list of those documents: §718.111(12), Fla. Stat., §719.104(2), Fla. Stat.
In condominium and cooperative associations, records such as the articles of incorporation, bylaws, and minutes of meetings must be kept for how long?
"Community association management" means any of the following practices requiring substantial specialized knowledge, judgment, and managerial skill when done for remuneration and when the association or associations served contain more than 10 units or have an annual budget or budgets in excess of $100,000: controlling or disbursing funds of a community association, preparing budgets or other financial documents for a community association, assisting in the noticing or conduct of community association meetings, determining the number of days required for statutory notices, determining amounts due to the association, collecting amounts due to the association before the filing of a civil action, calculating the votes required for a quorum or to approve a proposition or amendment, completing forms related to the management of a community association that have been created by statute or by a state agency, drafting meeting notices and agendas, calculating and preparing certificates of assessment and estoppel certificates (estoppels are covered in detail in the budget and finance section of the course), responding to requests for certificates of assessment and estoppel certificates, negotiating monetary or performance terms of a contract subject to approval by an association, drafting prearbitration demands, coordinating or performing maintenance for real or personal property and other related routine services involved in the operation of a community association, and complying with the association's governing documents and the requirements of law as necessary to perform such practices.
Management activities include preparing budgets or other financial documents, assisting in the noticing or conduct of meetings, ________.
720 The Homeowners' Association Act
Mandatory homeowners' associations are regulated by provisions of which Florida statute?
Division of Florida Condominiums, Timeshare, and Mobile Homes
Name the Division of the Department of Business and Professional Regulation that has the power to enforce and ensure compliance with the provisions of Chapters 718, 719, 720, 721 and 723, Florida Statutes and rules relating to development, construction, sale, lease, ownership, operation, and management of developer controlled residential condominium units.
Division of Florida Condominiums, Timeshares, and Mobile Homes
Name the entity in the Department of Business and Professional Regulation that has the power to enforce and ensure compliance with the provisions of Chapters 718, 719, 720, 721 and 723, Florida Statutes and rules relating to development, construction, sale, lease, ownership, operation, and management of developer controlled residential condominium units.
The Division of Florida Condominiums, Time Share, and Mobile Homes - The Division has the power and duty to enforce and ensure compliance with the provisions of the following statutes: The Condominium Act, Chapter 718, F.S.
Part V of The Condominium Act gives which of the following the power to enforce and ensure compliance with this law?
Appurtenances
Rights, interests and benefits - including use of common areas, membership in the association, voting rights, easement for air and view rights, and restrictive covenants that attach to and run with ownership until the community is terminated.
The restaurant renting space at Skywest Condominium association is located on the third floor of the condominium building.Which of the following must Skywest do to ensure it is compliant with the ADA?
Skywest must install ramps, elevators, accessible restrooms, and more to comply with the accessibility provisions of the ADA.
*Either
The Condominium Act requires that the association be a Corporation For Profit or a Corporation Not For Profit.
Which of the following circumstances would require an association to comply with the "reasonable accommodation" provisions of the Americans with Disabilities Act (ADA)?
The association employees 15 or more employees
Ombudsman
The attorney appointed by the governor who acts as a liason between the division, unit owners, boards of directors, board members, community association mangers, and other affected parties.
Declaration
The easements and common elements of a condominium are established in the:
Common elements. - because limited common elements are not "jointly used" but are only appurtenant to specific units, such as assigned spaces or balconies.
What are jointly owned and jointly used portions of community property that are NOT included in the units?
The Articles of Incorporation - The Articles of Incorporation are filed with the State. The Declaration is filed in the county where the property is located.
What document is filed with the Florida Department of State that creates the community association and defines its powers and responsibilities?
Conversion A developer may create a condominium by converting existing, previously occupied improvements to such ownership.
What is it called when an existing, previously occupied development is changed to the form of condominium ownership?
Conversion - A developer may create a condominium by converting existing, previously occupied improvements to such ownership.
What is it called when an existing, previously occupied development is changed to the form of condominium ownership?
3 years -the implied warranty of structural component fitness last for 3 years after completion. The developer warranty of fitness and merchantability last for 1 year after transferring ownership of the association to members. Remember: structural components 3 years / fitness and merchantability 1 year
What is the minimum number of years the developer of a condominium or cooperative is deemed to have granted to the purchaser of each unit an implied warranty of structural component fitness after completion?
Condominium Condominium is the best answer because it refers to the ownership of "units" as opposed to "parcels" which is HOA.
What is the name of a common interest community in which portions of the real estate are designated for separate ownership, the remainder of the real estate is designated for common ownership solely by the owners of the units, and undivided interests in the common elements are vested in the unit owners?
Condominium - it refers to the ownership of "units" as opposed to "parcels" which is HOA.
What is the name of a common interest community in which portions of the real estate are designated for separate ownership, the remainder of the real estate is designated for common ownership solely by the owners of the units, and undivided interests in the common elements are vested in the unit owners?
Familial status and Disability
What main things did the Fair Housing Amendments Act of 1988 add to the FederalFair Housing Act of 1968?
Homeowners Association (HOA) - because the fact pattern specifically references "parcels".
What type of community is a Florida corporation responsible for the operation of a community or a mobile home subdivision in which the voting membership is made up of parcel owners and in which membership is a mandatory condition of parcel ownership, and which is authorized to impose assessment that, if unpaid, may become a lien on the parcel?
In a proposal to amend the declaration the proposed new language must be underlined, and proposed deleted language must be stricken or lined through.
When proposing to amend the declaration how must proposed deleted language be presented?
underline
When proposing to amend the declaration how must the proposed new language be presented?
Declaration The order of priority for associations' governing documents, beginning with most important, is: 1) The Declaration; 2) The Articles of Incorporation; 3) By-Laws; 4) Rules and Regulations.
Which document comes first in priority?
Declaration
Which is the document that creates a condominium when recorded with the clerk of circuit court?
He must comply with bona fide safety requirements, applicable building codes, and reasonable architectural standards adopted by the association He must engage the services of a licensed and registered electrical contractor or engineer familiar with the installation and core requirements of an electric vehicle charging station and provide a certificate of insurance (within 14 days) naming the association as an additional insured on the owner's insurance policy for any claim related to the electric vehicle charging station He must reimburse the association for the actual cost of any increased insurance premium amount attributable to the electric vehicle charging station (within 14 days) after receiving the association's insurance premium invoice.
Which of the folliwing requirements may Shoreland Condominium Association require of owner Elon Muskburger with regards to his installing an electronic vehicle (EV) charging station in his limited common element parking area?
718
Which of the following Florida Statutory Chapters is also known as the Condominium Act?
Maintain the common areas- Maintaining the common areas is the responsibility of the association as an entity, not the owners individually
Which of the following are not responsibilities of association members?
Statute 413.08 specifically excludes from the definition of "Service Animal" those animals that provide emotional support, well-being, comfort, or companionship as those attributes do not constitute work or tasks for purposes of the definition.
Which of the following attributes of an animal does not qualify to make said animal a "service animal"?
Appliances in the unit - Included with the transfer of a deed in a condominium association are ownership of the unit and the appurtenances such as ownership of common elements and membership in the association.
Which of the following is NOT transfered with a deed to a condominium?
