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Worksheetschapter 5- Associations Operations
Total questions: 25
Worksheet time: 13mins
Which statement is TRUE about non-developer community association members?
They are never entitled to have developer-contracted services under a developer-controlled board.
They are bound by, and responsible for, all contracts executed by the developer or member-controlled board.
They may reject taking over the association, if they believe the developer has entered into service contracts requiring excessive payments from the association.
They are only responsible for contracts entered into by the member-controlled board.
All of the following must occur once 15% of the total units of a condominium or cooperative are conveyed to non-developer members, EXCEPT:
The developer must call a meeting to elect directors within 75 days.
The developer must provide written notice of the meeting.
Non-developer members elect 25% of the directors.
The developer submits the names and addresses of the newly elected directors to the DBPR.
Which of the following does NOT trigger the requirement for the developer to transfer control of a condominium to non-director owners?
Three years after 50% of the units that will be ultimately operated by the association have been conveyed to buyers.
Three months after 75% of the units that will be ultimately operated by the association have been conveyed to buyers.
Once all the units have been operated by the association have been completed, some are being offered for sale.
Once some of the units have been conveyed to buyers and none of the planned units are being constructed or offered for sale by the developer on the ordinary course of business
Which event triggers the requirement that non-developer members must constitute a majority of the board of directors of a cooperative?
Five years have elapsed since creation of the cooperative association.
Six years have elapsed since creation of the cooperative association.
Seven years have elapsed since creation of the cooperative association.
Ten years have elapsed since creation of the cooperative association.
What does multi-condominium refer to?
Two or more associations are members of a master association that has a board to provide certain combined functions.
Two or more associations operated by a single board, where associations are governed by different statutes.
A case where phases of a single condominium have been constructed over several years.
A mixed-use association that contains both residential and commercial units.
When does a conversion occur?
When a developer transitions control to the non-developer members.
When the sub-condominiums in a multi-condominium merge with the master association.
When a developer transforms existing rental property to a residential condominium or cooperative.
When a subparcel of within a condominium creates a secondary condominium.
All of the following are required upon turnover of a condominium to the non-developer members, EXCEPT:
The developer must provide the association with an audit of the association's financial records within 60 days of the transition meeting.
The audit or audits provided to the new board must cover the period from incorporation of the association through the date of turnover.
If the financial records have been audited every year from the date of incorporation, those audits must be provided to the new board, as well as an audit covering the period of time that has elapsed from the last audited period to the date of turnover.
If the financial records were not audited for even one year, the audit must cover the period from the date of incorporation to the date of turnover.
Developers retain all of the following rights after turnover of a condominium, EXCEPT:
Not to be assessed or have the association take any action that would be detrimental to sales without its prior approval as long as it holds units for sale in the property or course of business.
To elect or appoint at least one director, provided the project has greater than 500 units, and the developer owns at least 5% of the units.
To have the same rights and privileges as a member for those units that it owns, except that the developer cannot vote its units if it would influence the election of a majority of the board.
To vote on issue related to the financial preparation of the association's financial reports from the date of incorporation of the association through the end of the second fiscal year after the fiscal year in which the certificate of a surveyor and mapper is recorded.
The occurrence of all of the following events may entitle non-developer members to elect at least a majority of members of an HOA board, EXCEPT:
Three months after 75% of the parcels in all phases of the community that will ultimately be operated by the homeowners' association have been conveyed to members.
Such other date or event has occurred, as is set forth in the governing documents to comply with the requirements of any governmentally mortgaged financing of parcels.
Upon the developer abandoning or deserting its responsibility to maintain and complete the amenities or infrastructure as disclosed in the governing documents.
Upon the developer filing a petition seeking protection under chapter 7 of Florida's Bankruptcy Code.
In an HOA, after turnover, a developer who continues to be able to elect one director if which of the following is TRUE?
The developer holds for sale in the ordinary course of business at least 2% of the parcels in all phases of the community
The developer holds for sale in the ordinary course of business at least 2% of the parcels in one phase of the community
The developer holds for sale in the ordinary course of business at least 5% of the parcels in one phase of the community
The developer holds for sale in the ordinary course of business at least 50% of the parcels in all phases of the community
A bulk assignee owns 65% of the units of Centennial Hills Condominium and plans to convert it into a rental property. Which of the following applies?
Two-thirds of the board must be non-bulk assignee members in order to present an optional termination plan to the members
An optional termination plan must be approved by a minimum of 75% of the non-bulk assignee members
If 5% or more TVI rejects the optional termination plan, the termination cannot proceed
If an optional termination plan is rejected, a new plan cannot be submitted to the owners for a vote for at least 36 months after the date the first plan was rejected
All of the following are TRUE about receiverships, EXCEPT:
A receiver is usually an attorney, appointed by the courts, to oversee repairs to the association when the property has fallen into major disrepair.
If a receiver is court appointed due to a natural disaster, it must advise association members of the appointment within 10 days of the court appointment.
Receivers have all the powers and duties of a duly constituted board
Receivers serve until the association fills the vacancies on the board sufficient to constitute a quorum, or until the court removes the receiver
What does architectural control refer to?
The powers and duties of a board to review and approve plans to change the interior appearance of the common elements.
The power of the board to establish certain criteria for exterior modifications, so that changes made by members are consistent with the existing appearance of the association.
The powers and duties of the association to modify the exterior of the building, by a vote of the members
The powers and duties of the board to establish standards for interior modification of condominium units
Why should parcel owners of an HOA periodically revitalize its declaration?
The declaration may automatically expire after a specified number of years and the association loses its authority to collect assessments.
F.S. 720 requires the HOA to update the declaration every five years.
The articles of incorporation expire after a specific number of years
Sofitel Towers Condominium bylaws require five directors. At the annual meeting, only two members run for the board, leaving three vacancies. What alternatives do the two directors have?
Appoint the management company to serve as the board of directors.
Send a notice to all members, giving them 30-days' notice, advising that if no members step forward to serve on the board, the two directors will ask the court to appoint a receiver to manage the association.
When must an HOA bid out any contract for services?
The cost exceeds 5% of the total annual budget, including reserves.
The cost exceeds 10% of the total annual budget, excluding reserves.
All of the following are TRUE about the rights of condominium members regarding the display of flags, EXCEPT:
Any member may display one portable, removable United States flag in a respectful way.
A flag cannot be larger than 4½ feet by 6 feet.
A condominium association may not refuse the request of a member to attach to the mantel or frame of the member's door what religious object that does not exceed what dimensions?
4 inches wide, 8 inches high, and 2 inches deep
4 inches wide, 7 inches high, and 1.5 inches deep
3.5 inches wide, 5 inches high, and 2 inches deep
3 inches wide, 6 inches high, and 1.5 inches deep
When condominium, cooperative, and HOA members lease their units, all of the following are true, EXCEPT:
The lessee has the member's right to use the common areas.
The member has the rights of a guest.
The member has the right to inspect and maintain their property.
The association is responsible for ensuring that the lessee complies with the association rules.
All of the following relating to the display of flags by HOA homeowners are true, EXCEPT:
They may display any official, portable, removable United States, or Florida flag, which is no larger than 7 feet by 5 feet.
They may display any portable, removable flag representing Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, or a MIA/POW flag, which must be equal to or smaller than any United States or Florida flag displayed.
They may display any portable, removable United States flag, no larger than 4½ feet by 6 feet.
They may display flags on a freestanding flagpole no more than 20 feet high on any portion of their real property, consistent with governmental requirements.
What is the difference between architectural control in an HOA and a condominium?
In a condominium, architectural control governs only interior changes that could impact on other units.
In an HOA, architectural control governs only interior changes that could impact on other parcels.
An HOA, by statute, is limited to review and approval of plans for exterior changes based on the criteria specifically stated in the documents, or that can be reasonably inferred regarding location, size, or appearance.
A condominium is prohibited from approving or disapproving any modifications to exterior changes.
A developer is entitled to a special exemption from payment of assessments as long as it meets which of the following requirements?
Guarantees each purchaser that assessments will not be increased over a state amount
Adjust the ending date for any guarantee period based upon the closing date on each unit or parcel
Provides that the guarantee can be extended at least 12 months, but no longer than 36 months
guarantees each purchaser that assessments will not be increased over a stated amount exclusive of insurance payments for the property
Pursuant to the Condominium Act , a condominium must permit a member to install an EVCS, which statement is true?
it may never be installed on the common elements
It may be installed within the boundaries of the limited common elements assigned to the member
It may be installed if the condominium has at least 10% of its member who own NEVs
It may be installed if ordered by the DBPR
With regard to mixed-use condominiums, F.S 718 states all of the following, EXCEPT;
Commercial-unit members cannot have veto power for amendments to document or rules
A mixed-use association is defined as an association consisting of both commercial and residential units
Which of the following statements is true about both bulk buyers and bulk assignees?
They are required to have acquired more than seven parcels in the single condominium after July 1, 2010
There can be only one bulk buyer at a time
