Condominium Governance & Association Relations Flashcards

Which document in a condominium's governing hierarchy typically takes precedence over the bylaws?

Answer: The declaration (master deed)

The declaration (master deed) is the foundational document and takes precedence over bylaws, rules, and regulations in the governance hierarchy.

A quorum requirement of 30% for annual meetings means:

Answer: 30% of the total voting interest must be represented to conduct business

A quorum is the minimum percentage of voting interest that must be present or represented by proxy for a meeting to be validly convened and conduct official business.

Under the Fair Housing Act, a condominium association may NOT deny a reasonable accommodation request from a resident with a disability unless:

Answer: The accommodation would fundamentally alter operations or cause undue hardship

The Fair Housing Act requires associations to grant reasonable accommodations unless doing so would impose an undue financial or administrative burden or fundamentally alter the nature of services.

An 'estoppel letter' (or 'resale certificate') in a condominium transaction serves what primary function?

Answer: It discloses the association's financial status and any amounts owed by the seller

An estoppel letter confirms amounts owed by the selling unit owner and provides buyers with key financial and rule information about the association.

The role of a condominium ombudsman, where established by state law, is primarily to:

Answer: Mediate disputes between unit owners and the association before litigation

A condo ombudsman provides a neutral, low-cost dispute resolution mechanism to help owners and associations resolve conflicts without going to court.

When an association places a lien on a unit for unpaid assessments, what must generally happen before the lien can be foreclosed?

Answer: The delinquency must reach a statutory minimum amount or time period

Most state statutes require that a delinquency meet a minimum threshold (dollar amount or time period) before an association can proceed with lien foreclosure.

An association's 'rules and regulations' differ from its bylaws primarily in that rules and regulations:

Answer: Can typically be amended by the board alone without owner vote

Rules and regulations are typically adopted and amended by the board of directors alone, making them more flexible than bylaws, which usually require owner approval to change.