Community Association Meetings chapter 12

Which of the following is NOT a requirement for the annual meetings of all types of community associations?

• Must be held a minimum of once each year.

• Must be held within 13 months of the previous annual meeting unless otherwise stated in the bylaws.

• Must be held for the primary purpose of electing individuals to the board of directors.

• Must be held at a location within 45 miles of the property.

Which statement is TRUE about a HOA special meeting?

• Is limited to discussion of architectural changes only.

• Must be held within 45 miles of the association.

• Must be held if called by at least 10% TVI, unless a different percentage is stated in the documents.

• May be called by at least 10% of the members, unless a higher percentage is stated in the documents.

Community associations may deliver the notice of a membership meeting by all of the following methods, without restriction, EXCEPT:

• Community associations only need to post a notice at least 14 days before the member meeting.

• Hand delivery.

• Mail.

• Deliver the notice in a manner prescribed by Florida Statutes or the Florida Administrative Code.

Unless a lower number is specified in an association’s bylaws, what are quorum requirements?

• Condominiums and cooperatives – majority eligible TVI.

• Homeowners – 25% eligible TVI.

• Condominiums – 25% eligible TVI.

• Homeowners – majority eligible TVI.

Assuming all voting units are eligible to vote, which of the following would not constitute a quorum?

• 17 studio, 18 1-bedroom, 22 2-bedroom, and 20 3-bedroom units.

• 15 studio, 23 1-bedroom, 21 2-bedroom, and 18 3-bedroom units.

• 15 studio, 25 1-bedroom, 19 2-bedroom, and 21 3-bedroom units.

• 15 studio, 25 1-bedroom, 17 2-bedroom, and 19 3-bedroom units.

A condominium or cooperative can hold an election even if the quorum required to hold the annual meeting is not achieved if what percentage of eligible TVI cast valid ballots?

• 50% + 1

• 15%

• 20%

• 25%

What should happen if a quorum is not achieved at the annual meeting?

• The association must recess the meeting, and reschedule it, providing the required notice.

• The association has no legal obligation to reschedule the annual meeting, unless required in the documents, if it met the notice requirements.

• The association must reschedule the election but need not conduct any other business.

• The association must reschedule the meeting, giving no less than seven days’ written notice.

Del Misty Shores condominium had required that new purchasers provide a voting certificate. However, the new board discontinued the requirement and voting certificates were not used in the last election. Which of the following is true?

• Units lacking voting certificates will not be permitted to vote in the next election.

• Del Misty Shores may not be able to preclude any owner of a multiple-owner unit or legal representative of an artificial entity, without a voting certificate, that are otherwise eligible to vote, from voting in the next election.

• Del Misty Shores is required to obtain voting certificates from all multiple-owner units and artificial-entity owned units to conduct an election.

• Del Misty Shores must request an opinion from the DBPR on how to conduct an election.

Which statement is TRUE about the holder of a general proxy?

• They may use the proxy to vote on any substantive item for which a limited proxy is required.

• They may only use the proxy to vote as the member who appointed them would vote had the member been present.

• They may not use the proxy to count towards establishing the agenda.

• They may use the proxy to count towards establishing a quorum.

A limited proxy may be used for all of the following, EXCEPT:

• To allow the member to vote on substantive issues that require a vote of the membership

• To vote the will of the member on substantive issues that require a vote of the membership

• To vote the will of the member authorizing the proxy at board meetings