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

A merger/integration clause establishes that the written contract represents the entire agreement between the parties, preventing either side from relying on prior verbal promises.

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

Condominiums use airspace units defined by structural boundaries (floor, ceiling, walls), a concept unique to condominiums and not applicable to PUDs where owners hold fee title to land.

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

When governing document language is ambiguous, the manager should refer the matter to the association's legal counsel to obtain a defensible written interpretation.

Question 4

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

Accepted Answer

Condominiums, planned communities, and cooperatives

Answer

UCIOA broadly defines common interest communities to encompass condominiums, planned communities, and cooperatives under one unified statutory framework.

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

Strict literal interpretation of governing documents can conflict with the drafters' intent; the board may need to enforce the spirit of the restriction or seek a legal opinion.

CMCA - Certified Manager of Community Associations Practice Test

CMCA - Certified Manager of Community Associations Practice Test

CMCA Community Association Documents and Governing Instruments 3