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

Which governing document takes legal precedence when there is a conflict between the CC&Rs and the association's bylaws?

Answer: The CC&Rs, because they are recorded with the county and run with the land

The hierarchy from highest to lowest authority is state statute, then CC&Rs, then bylaws, then rules and regulations. CC&Rs are recorded land use restrictions that take precedence over bylaws when they conflict.

The open meeting requirement in most state HOA statutes means:

Answer: Homeowners have the right to attend and observe board meetings with limited exceptions for executive session topics

Open meeting laws give homeowners the right to attend and observe regular board meetings, fostering transparency, though boards may enter executive session for specific sensitive topics such as litigation and personnel matters.

A quorum is required at a board meeting in order to:

Answer: Legally conduct business and take binding votes

A quorum, the minimum number of board members required to be present, must be established before the board can legally transact business. Actions taken without a quorum are generally invalid.

Under the Fair Housing Act, which of the following association policies would most likely constitute illegal discrimination?

Answer: A rule prohibiting service animals in common areas

Prohibiting service animals in common areas violates the Fair Housing Act, which requires reasonable accommodations for individuals with disabilities, including allowing service animals.

When a community association enters into a contract, it is acting as:

Answer: A legal entity such as a nonprofit corporation with capacity to contract

Community associations are typically incorporated as nonprofit corporations, giving them legal capacity to enter contracts, sue and be sued, and hold property in their own name.

Standing rules in a community association differ from rules and regulations primarily in that standing rules:

Answer: Are procedural rules adopted by the board for its own internal operations, not governing homeowner conduct

Standing rules are internal procedural guidelines for how the board conducts its own affairs such as meeting procedures and committee assignments, as distinguished from rules and regulations that govern homeowner behavior.