CMCA Community Association Documents and Governing Instruments 1

Question 1

Which document in a common interest community typically holds the highest legal authority after state law?

Accepted Answer

Declaration (CC&Rs)

Answer

The Declaration, or CC&Rs, is recorded with the county and holds supreme authority within the community's governing document hierarchy, superseding bylaws and rules.

Question 2

Which of the following is typically found in the bylaws rather than the Declaration?

Accepted Answer

Procedures for electing the board of directors

Answer

Bylaws govern the internal operations of the association, including procedures for board elections, officer duties, and meeting requirements.

Question 3

A community manager discovers a conflict between the association's rules and regulations and its bylaws. Which document generally controls?

Accepted Answer

Bylaws

Answer

In the document hierarchy, bylaws supersede rules and regulations, so the bylaws provision would control in a conflict.

Question 4

An amendment to a Declaration typically requires:

Accepted Answer

A supermajority owner vote as specified in the Declaration

Answer

Amending a Declaration usually requires a supermajority vote of the membership (commonly 67% or 75%) as specified within the document itself.

Question 5

What is a 'plat' in the context of a planned community?

Accepted Answer

A recorded map showing lot boundaries and common areas

Answer

A plat is a recorded survey map that establishes the boundaries of individual lots, common areas, and easements within the community.

CMCA - Certified Manager of Community Associations Practice Test

CMCA - Certified Manager of Community Associations Practice Test

CMCA Community Association Documents and Governing Instruments 1