Condominium Association chapter 13

Depending on circumstances, each of the following can be true, EXCEPT:

• Directors are appointed by the developer.

• Directors are elected by vote of the eligible members of the association.

• Directors who are elected or appointed to fill a vacant seat serve for the unexpired term unless the bylaws state otherwise.

All of the following are TRUE about condominium associations, EXCEPT:

• Directors serve one-year terms unless otherwise specified in the association’s documents.

• A condominium director may not serve more than eight consecutive years unless they receive two-thirds of all eligible votes at an election or there are not enough candidates to fill the empty seats.

• A director’s term begins immediately after the election is completed.

What does “staggered term” mean?

• Instead of serving for one-year terms, directors serve two-year terms, with some seats up for election in even years, and other seats in odd years.

• Certain directors are elected from separate buildings or phases of the association.

• Each director’s term begins in a different month, regardless of when elected, to assure that information can be obtained from prior directors.

What is the minimum number of directors an HOA board must have if its documents are silent?

The Oblaid-Obladah Condominium Association bylaws provide for a board of seven to 11 directors. Which board statement is NOT true?

• The association must apply any procedure described in the association’s documents for determining the exact number of directors.

• If the association’s documents do not describe a method for determining the exact number, the association has the option to use the minimum number in the bylaws or the statutory minimum.

• If the association’s documents do not describe a method for determining the exact number, the members at the annual meeting may vote on the exact number of directors to be elected at the next election.

Which of the following is NOT a statutory requirement to be eligible for board membership?

• A director must be a member of the association.

• A director must be 18 years of age or older.

• A director must be a natural person.

• A director may not be a convicted felon in this state or in any United States District or Territorial Court unless their civil rights have been restored for at least five years of election or appointment.

Which of the following is NOT true about the powers granted to the board of directors?

• To enforce use restrictions, including enacting rules and responsibilities

• To enter into contracts

• To present an annual budget

• To adequately insure the community property and assets at a cost not to exceed budgetary limits

If a condominium unit is owned by spouses, which of the following applies?

• Only the designated voter can be a candidate for the board.

• Both spouses may be candidates, but only one can be elected. If both receive sufficient votes to be elected, the one who received the greater number of votes is elected.

• Both spouses may be candidates, and both may be elected, if the association has more than ten units.

• Both spouses may be candidates, but only one can be elected. If both receive sufficient votes, the couple must decide which of them becomes a director.

Which of the following is NOT true regarding directors?

• A person charged by information or indictment for felony theft or embezzlement involving the association's funds or property may not be appointed or elected to a position as a director or officer of an HOA.

• A person who is delinquent in any monies owed to the association for a period of 90 days or more cannot appear on the ballot of a condominium or HOA and cannot be seated as a director if elected.

• If a director of a condominium, cooperative, or HOA becomes 90 days delinquent, they are presumed to have abandoned the position.

• A person who is suspended from the DBPR HOA board of directors by the HOA is not eligible to be a director.

What does “self-management” mean?

• The CAM works directly for the association, rather than for a CAB.

• The board defers major policy decisions to a member vote.

• The board and officers directly manage the association, without employing a CAM or CAB.

• The board provides direction to the president, who manages the association and receives a waiver of their monthly assessments.