CMCA CMCA - Certified Manager of Community Associations Governance and Legal Issues Questions and Answers 2

Question 1

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

Accepted Answer

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

Answer

The bylaws, because they are more specific

Answer

The rules and regulations, because the board adopted them most recently

Answer

The state statute, only if both documents are silent

Question 2

The open meeting requirement in most state HOA statutes means:

Accepted Answer

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

Answer

All board meetings must be held outdoors

Answer

Any homeowner may vote at any board meeting

Answer

Board members may not meet privately before a formal meeting

Question 3

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

Accepted Answer

Legally conduct business and take binding votes

Answer

Allow homeowners to speak during open forum

Answer

Send meeting notices to homeowners

Answer

Hire a vendor without a formal bidding process

Question 4

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

Accepted Answer

A rule prohibiting service animals in common areas

Answer

A rule requiring all owners to maintain their lawns

Answer

A requirement to notify the association before beginning a renovation

Answer

A policy requiring all guests to sign in at the gate

Question 5

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

Accepted Answer

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

Answer

A governmental entity with sovereign immunity

Answer

A real estate brokerage

Answer

An extension of the local municipality

Question 6

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

Accepted Answer

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

Answer

Are recorded with the county and run with the land

Answer

Must be approved by a membership vote to become effective

Answer

Override the CC&Rs when they conflict