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WorksheetsCondominium Association chapter 13
Total questions: 24
Worksheet time: 12mins
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?
(a)
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.
Dolores Del Rio is 95 days delinquent in payment for a fine for not cleaning up after her dog, Koko. She has submitted her application for candidacy for the condominium board. Which of the following is true?
The association can prohibit Dolores from being a candidate because she is in violation of an association rule.
The association may prohibit Dolores from running because she is delinquent in a payment due to the association at the time of her candidacy.
The association must place Koko on the ballot and provide her with a hearing in front of the membership at the annual meeting.
The association cannot prohibit Dolores from being a candidate because she violated a rule, not a use restriction.
Henry Higginbotham was elected to the board of Del Corvina HOA. At the organizational meeting, Henry was elected treasurer. He discovers that the financial records are a mess and spends one day a week putting them in order. At the next meeting, Henry proposes that Del Corvina pay him to manage the finances. Which of the following is true?
Henry can be paid for this service, as oversight of association financials is not a board responsibility.
Henry can only be paid for this service if he resigns as treasurer. He can remain on the board as a director.
The association cannot pay Henry since financial management is a responsibility of the board.
The association cannot pay Henry, but it can waive a portion of his monthly assessment.
F.S. 718, 719, and 720 require that an incorporated community association have the following officers, EXCEPT:
President
Vice president
Secretary
Treasurer
Which of the following is NOT true about requirements for newly appointed or elected directors?
They must certify in writing to the secretary of the association, within 90 days after the election, that they have read the association declaration, articles of incorporation, bylaws, rules, and regulations.
They must submit a certificate of completion of an approved educational curriculum administered by a DBPR-approved educational provider to the secretary of the association within 90 days after the date of the election or appointment.
They must complete one educational curriculum within one year before or 90 days after the date of the election or appointment.
They must submit a certificate of completion of an approved educational curriculum administered by a DBPR-approved educational provider to the DBPR within 90 days after the election or appointment.
Delia Doolittle, president of the board, wishes to take a pre-licensure course to help her perform her duties. At the next board meeting, she asks the board to pay for her to take the course. Which of the following is true?
The board cannot pay for the course because directors and officers may not be compensated for carrying out their functions.
The board can reimburse Delia after she takes the course, up to $25.
The board can pay for the course only if it is the DBPR approved course for newly elected directors.
The board can pay for the course, as this is an educational class to improve her skills and knowledge.
An outgoing director or committee member is required by statute to relinquish all official records in their possession within ______ days of the election.
5
10
15
20
Which of the following powers is NOT provided to the board by the Condominium, Cooperative, and HOA Acts when a state of emergency is declared by the governor?
To determine portions of the property that are not fit for entry or habitation, based upon the CAM’s evaluation
To conduct board and membership meetings with notice given as soon as possible
To enter into agreements with counties and municipalities to assist with debris removal
To take action to mitigate further damage
Which one is NOT true about directors and officers?
An officer is not always a director.
A director is not always an officer.
Officers that are directors cannot vote at board meetings.
A quorum of the board is required to elect officers.
The board should meet immediately following the annual meeting for all of the following reasons, EXCEPT:
To elect or appoint officers
To arrange for the transfer of files and records from outgoing directors to new directors
To obtain signatures for bank accounts
To authorize the purchase of more comfortable chairs for the use of directors at board meetings
Which one is NOT true about officer resignations?
An officer may resign at any time by providing written notice to the association.
An officer may resign by saying, “I quit,” at a board meeting.
The resignation is effective upon delivery unless it states a later date.
The officer cannot rescind their resignation.
Which one is NOT true about the provisions of F.S. 617?
A director, officer, or agent is liable for monetary damages if their breach or failure to perform their duties constitutes a transaction from which they derive an improper personal benefit either directly or indirectly.
An officer, director, or agent is required to discharge their duties in good faith, with the care an ordinary person in a like position would exercise, in a manner they reasonably believe to be in their best interests.
An officer, director, or agent is liable for monetary damages if their breach or failure to perform their duties constitutes a violation of criminal law.
An officer, director, or agent is liable for monetary damages if they breach or fail to perform their duties that constitutes recklessness or an act or omission that was in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.
If a condominium or cooperative member believes that a director has violated the community association statutes governing financial issues, elections, and member access to association records, the member may benefit by doing which of the following?
Filing a complaint with the DBPR
Seeking bi-lateral dispute resolution
Seeking pre-suit mediation
Withholding maintenance fees until the complaint is resolved
A director of an HOA is automatically removed from the board for any of the following reasons EXCEPT:
The director sells their property and the documents require that they be a member.
The director announces their resignation at a board meeting.
The director is more than 90 days delinquent in payment of monetary amount owed the association.
The director is accused of embezzlement by information or indictment.
Which one is NOT true about committees?
The board’s authority to appoint and delegate power to committees is governed by the association’s documents.
An architectural committee reviews a member’s request to make changes to the exterior of their property.
Committees that confirm or reject a fine levied by the association must provide the fined member 14-days’ written notice of the meeting.
