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Worksheetschapter 16
Total questions: 25
Worksheet time: 13mins
Which of the following best describes an unbudgeted expense?
Any overrun of 10% or more in an operating budget category
An expense not included in the current year budget
A capital expense included in the reserve budget
Any item for which the association plans to borrow funds
What is a special assessment?
A charge to members of a specific amount, in addition to the periodic assessment, for a non-budgeted, typically unanticipated, repair, replacement, or other expense
An add-on to a periodic assessment, for a planned repair or expense
A charge to members for repairs to their unit or parcel made by the association
A claim a member makes on the association for damage to their unit or parcel
In an HOA, prior to turnover, a developer-controlled board may not levy a special assessment unless:
A majority of non-developer-controlled parcels, at a duly called and quorumed meeting, vote in favor of the special assessment.
A majority of eligible TVI, excluding developer-controlled parcels, at a duly called and quorumed meeting, vote in favor of the special assessment.
A supermajority of non-developer-controlled parcels, at a duly called and quorumed meeting, vote in favor of the special assessment.
The board votes unanimously in favor of the special assessment.
As a fiduciary, a director or officer has all of the following duties, EXCEPT:
Duty of care
Duty to act in good faith
Duty of loyalty
Duty of guarantee
What is the common surplus?
It is the excess of all revenue retained by the association after the deduction of all expenses.
It is the excess of revenue over expense in the profit making section of the budget.
It is the sale of association property upon the inclusion of the surplus from a special assessment, except in an HOA.
It may not include the surplus from a special assessment, except in an HOA.
Which of the following is NOT an option an HOA may exercise relating to a special assessment surplus?
It may be transferred to one or more reserve accounts.
It may be applied as a credit to a future special assessment.
It may be refunded to the members.
It may be used to offset future expenses in the operating budget.
Which of the following is a statutory limitation on the use of a debit card?
Only directors or officers may use a debit card in the name of the association, and only for association expenses.
A debit card must be issued in the name of, and billed directly to, the association, and used solely for office and maintenance supplies under $100.
In a condominium, directors, officers, employees, and agents may not use a debit card issued in the name of the association for the payment of association expenses.
In any community association, a debit card may be used solely for expenses directly related to social club activities permitted in the declaration or bylaws.
What is the notice requirement for an HOA to file a lien?
30 days prior to filing the lien
20 business days prior to filing the lien
15 business days before filing the lien
45 days before filing the lien
What is the condominium association’s annual report due to the DBPR?
An annual report required to be delivered to the DBPR by every condominium association containing the names of every financial institution in which it has savings accounts
An annual report required to be delivered to the DBPR by every cooperative association containing the names of every financial institution in which it has savings accounts
An annual report required to be delivered to the secretary of state, division of corporations, by every community association containing the names of all directors, officers, and agents
An annual report required to be delivered to the DBPR by every condominium association containing the names of every financial institution in which it has any financial account
What is the period of time that a cooperative may suspend the voting rights and rights to use the common elements of members who have been delinquent in any monetary amount?
Over 90 days
90 days or more
30 days or more
60 days or more
In which order are monies received from delinquent members applied to their account?
Assessments, attorney’s fees, fees to the management firm, late fees, and interest
Fees to the management firm, interest, attorney’s fees, assessments, and late fees
Attorney’s fees, assessments, interest, late fees, and fees to the management firm
Interest, late fees, fees to the management firm, attorney’s fees, and assessment
What is acceleration of assessments?
The association increases the frequency of assessment payments from its members
The association requires a delinquent member to pay all remaining annual assessments for the current fiscal year, in addition to the amount owed
The association requires a delinquent member to enter into a payment plan to pay the amount owed at a faster rate
The association accelerates its legal action to collect from delinquent members
What is the limit on a late fee a community association is permitted to charge a member?
$25 or 5% of the assessment amount, whichever is less, if provided in the association documents
$25 or 5% of the assessment amount, whichever is less, even if the documents are silent
$25 or 5% of the assessment amount, whichever is greater, even if the documents are silent
$25 or 5% of the assessment amount, whichever is greater, if provided in the association documents
A condominium association statutes governing the collection of rent from lessees of a member/owner provide for all of the following, EXCEPT:
The association must mail to the lessee a written notice to the lessee to make payments to the association.
The association must provide the member with a written notice to the member that the payments are due to the association.
The association is required to maintain the proof of mailing.
The association is required to file a lien on the parcel if the lessee is paying the rental obligation to the association.
Which of the following is NOT true regarding a lien?
A member's unit or parcel serves as collateral for assessments due to the association.
A lien is a legal claim of one person or entity upon a property to secure the payment of a debt or the satisfaction of an obligation.
An association may place a lien on a unit or parcel only for unpaid assessments, but not for any other monies due from the member to the association.
A lien is satisfied only when a member has paid all amounts owed in full.
A claim of lien on a condominium secures all of the following, EXCEPT:
All unpaid assessments that are due as well as those that may accrue after the claim of lien is recorded.
All reasonable attorney’s fees incidental to the collection process.
Any interest that the association may legally charge.
Any rents from lessees of the member that the association collects prior to or during the lien period.
Which statement is correct regarding a director, manager, or management company at the time a condominium forecloses on a unit?
They may purchase the unit at auction.
With some exceptions, they have the right to obtain possession of the unit.
They are prohibited from purchasing a unit at the foreclosure sale resulting from a foreclosure deed in lieu of foreclosure.
They are prohibited from purchasing a unit at the foreclosure sale unless a majority of eligible TVI of the membership has amended the documents.
What is the definition of foreclosure?
A legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender, by forcing the sale of the asset that was used as collateral for the loan.
A legal process to evict a tenant from a parcel or unit, on which a borrower has discontinued payment to a lender.
A legal process to take possession of personal or real property of a creditor, to recover the balance of monies owed on a parcel or unit.
A legal process in which a debtor agrees to transfer property to a lender in return for a forgiveness of debts and release from debtors’ prison.
What is a condominium or HOA association entitled to collect from the first mortgagee or its successor or assignees who acquire title to a unit or parcel by foreclosure or deed in lieu of foreclosure?
The lesser of the unpaid regular periodic assessments for the 12 months immediately preceding acquisition of title or 1% of the original debt on the first mortgage
The greater of the unpaid regular periodic assessments for the 12 months immediately preceding acquisition of title or 1% of the original debt on the first mortgage
The lesser of the unpaid regular periodic assessments for the six months immediately preceding acquisition of title or 2% of the original debt on the first mortgage
The greater of the unpaid regular periodic assessments for the six months immediately preceding acquisition of title or 2% of the balance due on the mortgage
An association with a total annual revenue of $300,000 to less than $500,000 is required to prepare which type of annual financial report?
Audit
Review
Cash receipts
Compilation
What is an estoppel certificate?
A signed statement by an association member to a prospective purchaser
A signed statement of a member’s current balance of monies owed to the association that includes a statement by the association that the information is correct
A signed statement of a title agent disclosing any liens or encumbrances
A signed statement by an association member of all mortgages, monies owed the association, and any tax liens that may be pending on the property
An association is required to issue an estoppel certificate within what period after written or electronic request from a member?
10 calendar days
20 business days
30 calendar days
10 business days
How much is the fee for preparation and delivery of an estoppel certificate, if there is no outstanding balance due the association?
$100
$150
$50
Not more than $299
A community association is required to prepare and complete an annual financial report within what period?
30 days of the end of the fiscal year or annually on a date provided in the bylaws
60 days of the end of the fiscal year or annually on a date provided in the bylaws
90 days of the end of the fiscal year or annually on a date provided in the bylaws
120 days of the end of the fiscal year or annually on a date provided in the bylaws
Which statement is correct if an association is eligible to use Form 1120-H to file a federal income tax return?
It can elect to include exempt function expenses.
It can elect to exclude any profit from the sale of laundry machine cards.
It can elect to exclude exempt function income, such as member assessments.
It can elect to donate any excess of revenue over expenses to fund the manager’s bonus.
