Property Management & Condominium Law Flashcards

A condo unit owner installs hardwood floors and the downstairs neighbor complains of excessive noise. The association can enforce a remedy under which governing document provision?

Answer: Rules and Regulations prohibiting flooring alterations without approval

Associations commonly include flooring alteration restrictions in their Rules and Regulations or Declaration, requiring board approval before installing hard-surface flooring to control noise transmission.

The term 'limited common elements' in condominium law refers to:

Answer: Common areas reserved for the exclusive use of one or more specific units

Limited common elements are portions of the common elements designated for the exclusive use of a particular unit owner, such as assigned parking spaces, balconies, or storage units.

When a condo association pursues foreclosure for unpaid assessments, which lien typically takes priority over the association's assessment lien?

Answer: First mortgage lien recorded before the assessment lien

In most states, a first mortgage lien recorded prior to the assessment lien takes priority, meaning the mortgage lender would be paid first from foreclosure proceeds, though some states grant 'super-lien' status to associations for a limited amount.

An association manager is preparing the annual budget. Which component represents funds set aside for long-term capital repairs and replacements?

Answer: Reserve fund contributions

Reserve fund contributions are periodic allocations set aside specifically to fund future replacement of major capital components such as roofs, elevators, and pavement.

A board votes to ban short-term rentals (e.g., Airbnb) in the community. For this restriction to be enforceable against all current and future owners, it must be:

Answer: Recorded as an amendment to the Declaration

Rental restrictions that bind all current and future owners must be incorporated into the Declaration of Condominium through a properly recorded amendment, since rules adopted only by board resolution may not bind future purchasers.

Under the Americans with Disabilities Act (ADA), which condominium spaces are most likely subject to accessibility requirements?

Answer: Common areas open to the public, such as a sales office

The ADA primarily applies to places of public accommodation; in residential condos, common areas used as sales offices or open to the public trigger ADA obligations, whereas private residential common areas are governed by the Fair Housing Act.

A condo association receives a Notice of Commencement from a contractor hired by a unit owner for interior renovations. Why should the association monitor this?

Answer: Contractor liens can attach to the entire condominium property, not just the renovating unit

In many states, construction liens for work performed at one unit can attach to the entire condominium's common elements, creating risk for all owners, which is why associations often require lien waivers.