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Community Association Meetings chapter 12

Total questions: 25

Worksheet time: 13mins

Name
Class
Date
1.

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

a)

Must be held a minimum of once each year.

b)

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

c)

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

d)

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

2.

Which statement is TRUE about a HOA special meeting?

a)

Is limited to discussion of architectural changes only.

b)

Must be held within 45 miles of the association.

c)

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

d)

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

3.

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

a)

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

b)

Hand delivery.

c)

Mail.

d)

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

4.

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

a)

Condominiums and cooperatives – majority eligible TVI.

b)

Homeowners – 25% eligible TVI.

c)

Condominiums – 25% eligible TVI.

d)

Homeowners – majority eligible TVI.

5.

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

a)

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

b)

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

c)

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

d)

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

6.

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?

a)

50% + 1

b)

15%

c)

20%

d)

25%

7.

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

a)

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

b)

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

c)

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

d)

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

8.

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?

a)

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

b)

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.

c)

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

d)

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

9.

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

a)

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

b)

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

c)

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

d)

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

10.

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

a)

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

b)

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

c)

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

11.

All of the following can vote at condominium member meetings, EXCEPT:

a)

Members who are in excess of 90 days delinquent due to non-payment of $1,100 owed to the association and have had their voting rights suspended by the board of directors

b)

A condominium association board of directors exercising the voting rights appurtenant to a unit owned by the association

c)

Members who are absent but have given a properly completed voting certificate to another member present at the meeting

12.

All of the following can vote at HOA meetings, EXCEPT:

a)

Members who are in excess of 60 days delinquent due to non-payment of any monetary obligation owed to the association and have their voting rights suspended by the board of directors

b)

Members who are in excess of 90 days delinquent due to non-payment of $1,100 owed to the association and have had their voting rights suspended by the board of directors

c)

A person holding a limited proxy from a member that was issued 120 days after the members' meeting at which it was originally intended to be used

d)

Members who are absent but have given a properly completed voting certificate to another member who is present at the meeting

13.

Condominium and cooperative annual meeting and election requirements include all of the following, EXCEPT:

a)

The first notice has to be mailed, hand-delivered, or electronically transmitted not less than 60 days prior to the date of the meeting and prior to the date of the election meeting, excluding the date of the meeting.

b)

Eligible members who want to be candidates for the board must submit a written notice of their candidacy not less than 40 days prior to the date of the election, excluding the date of election.

c)

No more than five days after receipt of the notice of candidacy, the association must provide the candidate with a receipt stating that the person is eligible or ineligible.

d)

No less than 35 days prior to the election, excluding the date of the election, a candidate may provide to the association a candidate information sheet.

14.

The first notice of the annual meeting and election for a cooperative association must include all of the following, EXCEPT:

a)

The date of the meeting

b)

The number of directors to be elected

c)

The names of any current director who plan to run for re-election

d)

An invitation to all qualified persons to volunteer to become candidates

15.

When must a member turn in their application to be a candidate for a condominium board?

a)

15 days before the election, excluding the date of election

b)

Not less than 40 days before the election, excluding the date of election

c)

30 days before the election, excluding the date of election

d)

35 days before the date of election

16.

Which statement is TRUE about a candidate information sheet?

a)

It may be used to criticize the other candidates.

b)

Must be no longer than 11.5” by 14” one-sided.

c)

Must be verified by the association for accuracy

d)

May only be provided to members if all candidates provide an information sheet

17.

Statutes governing condominium and cooperative elections provide for all of the following, EXCEPT:

a)

If there are fewer candidates than the number of open director seats, the vacant seats must be filled by a vote of the members.

b)

If the number of candidates for the board is less than or equal to the number of open director seats, an election does not need to be held.

c)

No less than 14 days and no more than 34 days, excluding the date of the election, prior to the annual meeting and election, the association must send a second notice of election and annual meeting.

d)

Items that must be included with the second notice are a detailed agenda, a proxy form, the candidate information sheets, a ballot listing the candidates in alphabetical order by last name, and inner and outer envelopes.

18.

Statutes governing condominium and cooperative election ballots provide for all of the following, EXCEPT:

a)

The ballot may be rescinded or changed by a member after its receipt by the association before the date of the election.

b)

The ballot may not indicate which candidates are incumbents.

c)

The ballot must be placed in the inner envelope, and the inner envelope must be placed in the outer envelope.

d)

The inner envelope of a member owning more than a single unit may contain only one ballot.

19.

To opt out of the statutory requirements for elections, a cooperative association must fulfill all of the following requirements, EXCEPT:

a)

Have 10 or fewer units

b)

Have procedures or an amendment to its bylaws creating an alternative election procedure

c)

Have a majority of eligible TVI vote in favor of opting out

d)

Provide that all eligible members are provided with an opportunity to serve on the board and to vote in the election

20.

F.S. 720 includes the following election requirements for HOAs, EXCEPT:

a)

An eligible member may nominate themselves as a candidate at the election meeting unless the documents provide for nominations in advance of the meeting.

b)

If the documents allow candidates to be nominated in advance of the meeting, the association is not required to allow nominations from the floor at the meeting.

c)

An eligible member who is not present at the election meeting must use a limited proxy to vote.

d)

The association must provide a minimum 14 days’ notice to members before an election.

21.

Reasons to challenge an election include all of the following, EXCEPT:

a)

Failure of an association to provide a copy of a valid candidate information sheet to the eligible voters

b)

Failure to send the second notice of the annual meeting and election at least seven days in advance of the meeting

c)

Failure of the written ballot to include the name of each eligible candidate

d)

Failure to remove the name of an ineligible person

22.

A member of a cooperative association may request the assistance of a director or other member in voting for all of the following reasons, EXCEPT:

a)

The member is blind.

b)

The member is unable to read or write.

c)

The member does not know the candidates' qualifications.

d)

The member has a disability affecting their ability to vote.

23.

Eligible members of condominium, cooperatives, and HOAs can vote electronically if all of the following conditions are met, EXCEPT:

a)

The association's online system has the capability to authenticate the validity of each electronic vote.

b)

The association's online system has the capability to transmit a receipt to each member who casts an electronic vote.

c)

All members agree to participate in the online system.

d)

The association's online system has the capability to store and keep electronic votes.

24.

If two candidates for director of a condominium association have an equal number of votes, what must the association do?

a)

Conduct a runoff vote immediately following the announcement of the results.

b)

Elect the candidate whose name appears first on the ballot.

c)

Conduct a runoff election not less than 21 days or more than 30 days after the election at which the tie occurred.

d)

Notice a runoff meeting to all members no less than 14 days before the member meeting.

25.

El Atrium Verde Condominium, an association with 800 units, received a donation of old voting machines. To utilize the voting machines, El Atrium Verde must do all of the following, EXCEPT:

a)

Adopt a resolution that requires all members to utilize the voting machines.

b)

Ensure that voters can cast a secret ballot.

c)

Correctly register or record an accurate account of all votes cast for any and all persons.

d)

Permit the member to vote for as many persons and offices as the voter is lawfully entitled to vote for, but no more.