Governance and Legal Issues Flashcards

A board member learns that a contract being voted on would benefit their own business. What should the board member do?

Answer: Disclose the conflict of interest and recuse themselves from the vote

Board members with a conflict of interest must disclose it and typically recuse themselves from voting to uphold their fiduciary duty and avoid self-dealing.

Under Roberts Rules of Order, a 'quorum' at a board meeting refers to:

Answer: The minimum number of members required to conduct official business

A quorum is the minimum number of board members (or members at an owner meeting) required to be present for the body to legally transact business.

Which document in the hierarchy of governing documents generally takes precedence over all others in a community association?

Answer: Declaration (CC&Rs)

The Declaration (CC&Rs), as the recorded foundational document, sits at the top of the governing document hierarchy and supersedes bylaws, rules, and board resolutions.

A unit owner with a disability requests a reserved parking space closer to their unit as a reasonable accommodation. The board should:

Answer: Grant the accommodation unless it causes an undue hardship to the association

The Fair Housing Act requires associations to grant reasonable accommodations for persons with disabilities unless doing so creates an undue hardship.

An owner has not paid assessments for 90 days. What is typically the association's NEXT formal step before recording a lien?

Answer: Sending written notice of delinquency per the collections policy

Most state laws and collection policies require the association to provide written notice of the delinquency before recording a lien or pursuing further legal action.

Which type of meeting allows association members to remove a board member from office before their term expires?

Answer: A special meeting of the members called for that specific purpose

Removal of a board member before the end of their term typically requires a special meeting of the members with proper notice and a sufficient vote threshold.

The Americans with Disabilities Act (ADA) primarily applies to community associations in which context?

Answer: Common areas that function as places of public accommodation, such as commercial spaces

The ADA generally applies to places of public accommodation and commercial facilities; most private residential HOA amenities are not covered, though some state laws extend similar protections.