CMCA - Certified Manager of Community Associations Governance and Legal Issues Questions and Answers Flashcards

What is the primary legal purpose of meeting minutes?

Answer: An official record of actions taken by the body

Minutes record what was done, such as motions and votes, not everything that was said.

Which topic is typically appropriate for a board executive session rather than an open meeting?

Answer: Discussing pending litigation with the association's attorney

Executive sessions are usually reserved for litigation, personnel, contract negotiations, and individual owner delinquency or violation matters.

An owner gives a written proxy to a neighbor and then personally attends the meeting. In most associations, the proxy is:

Answer: Revoked by the owner's personal attendance and voting

Proxies are generally revocable, and an owner attending and voting in person typically revokes the proxy.

Before imposing a fine for a rule violation, many governing documents and state statutes require the association to provide:

Answer: Notice and an opportunity to be heard

Due process in enforcement usually means written notice of the violation and an opportunity for a hearing before the board.

An owner asks the manager whether the association's new parking rule is legally enforceable. The manager should:

Answer: Explain that legal opinions must come from the association's attorney and refer the question to the board

Managers should not practice law; legal interpretations should come from the association's legal counsel through the board.

When a third-party collection agency collects delinquent assessments on behalf of an association, which federal law most directly applies to its practices?

Answer: Fair Debt Collection Practices Act

Courts have generally treated association assessments as consumer debts, so third-party collectors are subject to the FDCPA.

During the period of declarant (developer) control, which governance principle is most important for the manager to keep in mind?

Answer: The declarant-appointed board still owes fiduciary duties to the association

Declarant-appointed directors still owe fiduciary duties to the association and must follow the governing documents and law.