CMCA Governance and Legal Issues 5

Question 1

An owner installs a satellite dish on the roof without approval. The FCC's OTARD rule (Over-the-Air Reception Devices) most likely:

Accepted Answer

Protects the owner's right to install a small dish in their exclusive-use area, limiting the association's ability to prohibit it

Answer

The FCC's OTARD rule restricts HOA rules that impair installation of antennas/dishes under one meter in an owner's exclusive-use area, such as a balcony or patio.

Question 2

In a community association election, a 'cumulative voting' system allows members to:

Accepted Answer

Pool all their votes and cast them for one candidate

Answer

Cumulative voting lets each owner multiply their votes by the number of open seats and allocate all votes to a single candidate, giving minority factions more electoral power.

Question 3

A board passes a resolution at a meeting where a quorum was present, but the minutes were never approved. The resolution is:

Accepted Answer

Valid and effective because the action was properly taken at a quorate meeting

Answer

A board action validly taken at a quorate meeting is effective immediately; minutes are a record of what occurred, not a condition of the action's validity.

Question 4

The doctrine of 'promissory estoppel' could bind an association when:

Accepted Answer

A manager makes an unauthorized promise that an owner detrimentally relies upon

Answer

Promissory estoppel can hold a party liable for an unauthorized promise if the other party reasonably relied on it to their detriment, even without a formal contract.

Question 5

Regarding electronic voting (e-voting) in community associations, the general rule is:

Accepted Answer

E-voting is only valid if explicitly authorized by the association's governing documents and/or state law

Answer

Electronic voting is permissible only where state law and/or the governing documents specifically authorize it; otherwise, traditional ballot methods are required.

CMCA - Certified Manager of Community Associations Practice Test

CMCA - Certified Manager of Community Associations Practice Test

CMCA Governance and Legal Issues 5