CCS Condominium Governance & Association Relations 3 — Questions and Answers
Question 1: Which document in a condominium's governing hierarchy typically takes precedence over the bylaws?
- Rules and regulations
- The declaration (master deed) (Correct answer)
- Board resolutions
- Meeting minutes
Correct 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.
Question 2: A quorum requirement of 30% for annual meetings means:
- 30% of board members must be present
- 30% of the total voting interest must be represented to conduct business (Correct answer)
- 30% of units must be rented
- 30% of the budget must go to reserves
Correct 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.
Question 3: Under the Fair Housing Act, a condominium association may NOT deny a reasonable accommodation request from a resident with a disability unless:
- The accommodation would fundamentally alter operations or cause undue hardship (Correct answer)
- The majority of unit owners vote against it
- The resident does not own their unit
- The request is made verbally rather than in writing
Correct 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.
Question 4: An 'estoppel letter' (or 'resale certificate') in a condominium transaction serves what primary function?
- It certifies the unit's structural integrity
- It discloses the association's financial status and any amounts owed by the seller (Correct answer)
- It transfers the seller's voting rights to the buyer
- It waives the buyer's right to inspect common areas
Correct 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.
Question 5: The role of a condominium ombudsman, where established by state law, is primarily to:
- Manage the association's day-to-day operations
- Mediate disputes between unit owners and the association before litigation (Correct answer)
- Collect delinquent assessments on behalf of the association
- Conduct annual financial audits of the association
Correct 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.
Question 6: When an association places a lien on a unit for unpaid assessments, what must generally happen before the lien can be foreclosed?
- The unit owner must be evicted first
- The delinquency must reach a statutory minimum amount or time period (Correct answer)
- The association must obtain criminal charges against the owner
- A majority of unit owners must vote to approve foreclosure
Correct 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.
Question 7: An association's 'rules and regulations' differ from its bylaws primarily in that rules and regulations:
- Require a supermajority of owners to adopt
- Can typically be amended by the board alone without owner vote (Correct answer)
- Override the declaration when they conflict
- Must be recorded in county public records
Correct 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.
CCS Condominium Governance & Association Relations 3
Which document in a condominium's governing hierarchy typically takes precedence over the bylaws?