CMCA Community Association Documents and Governing Instruments 3

Question 1

What is the effect of a 'merger clause' or 'integration clause' in a vendor contract for a community association?

Accepted Answer

It states the written contract is the complete and final agreement, superseding prior oral agreements

Answer

It merges two associations into one legal entity

Answer

It requires the vendor to merge services with another contractor

Answer

It grants the board authority to merge reserve funds

Question 2

Which of the following would typically be found in a condominium's 'condominium instruments' but NOT in a planned unit development (PUD)?

Accepted Answer

Unit boundary definitions measured from structural components

Answer

Use restrictions on property

Answer

Assessment obligations

Answer

Board election procedures

Question 3

A community association manager is asked to interpret an ambiguous provision in the Declaration. The best first step is to:

Accepted Answer

Consult the association's legal counsel for a written opinion

Answer

Apply the interpretation most favorable to the board

Answer

Send a survey to all homeowners for their interpretation

Answer

Ignore the provision until a dispute arises

Question 4

Under the Uniform Common Interest Ownership Act (UCIOA), the term 'common interest community' includes:

Accepted Answer

Condominiums, planned communities, and cooperatives

Answer

Only condominium associations

Answer

Only planned unit developments

Answer

Only cooperatives and timeshares

Question 5

A homeowner claims a fence they installed does not violate the CC&Rs because the rules only prohibit 'wooden' fences and theirs is vinyl. This is an example of:

Accepted Answer

Strict constructionism that may or may not reflect the intent of the document

Answer

A valid legal loophole that must be accepted

Answer

A violation of the bylaws rather than the CC&Rs

Answer

An exempt modification under federal housing law

Question 6

Which document typically authorizes the association to levy fines for rule violations?

Accepted Answer

The governing documents (Declaration or bylaws) and applicable state statutes

Answer

The municipality's zoning ordinance

Answer

The original developer's sales contract

Answer

The management agreement