Community Association - ANSWER legal entity in which the owners enjoy the
protection, enhancement, maintenance and preservation of their homes and
... [Show More] property.
What're the three defining characteristics of community associations? - ANSWER 1.
Membership in the community association is mandatory and automatic for all owners
2. Certain association governing documents bind the owner and the association to each
other through mandated actions.
3. Mandatory lien-based assessments (maintenance fees) are levied on each owner in
order to operate and maintain the community association.
What is a lien? - ANSWER legal claim by one party (community association) on the
property of another (delinquent owner) to obtain the payment of a debt or the
satisfaction of an obligation.
What is the primary purpose of a community association? - ANSWER Purpose is to
provide for the community, business, and governance aspects of the association. This is
done by administering, maintaining, and enhancing a residential real estate
development, and through the establishment of a system of property rights, binding
covenants and restrictions, and rules and regulations.
What're the 3 types of basic residential community associations? - ANSWER 1. Planned
Community
2. Condominium
3. Cooperative
What is a planned community? - ANSWER Owner owns his or her own long and/or
living unit
The community owns any common areas, such as tennis courts and roads for the use
and benefit of the lot owners.
What is a condominium? - ANSWER The individual owns his or her living unit and an
undivided interest in the common elements of the community. Each owner owns a
percentage of the common elements - which consist of everything except the living
units, ex. pool or lobby. The community association itself owns no real estate as an
association.
What is a cooperative association? - ANSWER An individual owns stock or membership
in the cooperative and holds a proprietary lease or occupancy agreement for his or her
living unit.
What is a proprietary lease or occupancy agreement? - ANSWER defines the member
or stockholder's rights and obligations in relation to the living unit.
CAI FINAL EXAM 150 QUESTIONS WITH 100% COMPLETE
AND CORRECT ANSWERS/A+ GRADE/2023 VERSION
The 3 types of residential community associations can exist by themselves or they can
be grouped in clusters called: - ANSWER 1. Master or umbrella associations
2. Mixed-use developments
3. "55 and Older" Communities
What is a Master or Umbrella Association? - ANSWER A master or umbrella
association consists of more than one residential community association.
What is a Mixed-Use Development? - ANSWER A mixed-use development usually
consists of a mixture of residential and commercial and/or industrial uses group
together. Their marketing slogan is often "live, work, play".
What is a "55 and Older" Community? - ANSWER Must have one person who is 55
years of age or older living in at least 80% of its occupied units.
What is the Equal Employment Opportunity Commission (EEOC)? - ANSWER The
federal government prohibits discrimination against otherwise qualified people in hiring,
promotion, dismissal, compensation, and working conditions based on specific personal
characteristics including:
-race and ethnicity
-color
-national origin
-age
-gender
-religion
-pregnancy
-disability
What is the Fair Debt Collection Practices Act (FDCPA)? - ANSWER The purpose of
the FDCPA is to protect debtors from unscrupulous debt collectors and to impose a
consistent and fair method to collect debts.
What is the Fair Labor and Standards Act (FSLA)? - ANSWER FLSA dictates standards
for the basic minimum wage and overtime pay. It affects most private and public
employment. It requires employers to pay covered employees who are not otherwise
exempt at least the federal minimum wage and overtime pay of one-and-one-half-times
the regular rate of pay. Some states have higher basic minimum wage amounts.
What is the Family and Medical Leave Act (FMLA)? - ANSWER Administered by the
Wage and Hour Division of the Department of Labor, FMLA requires employers of 50 or
more employees to provide up to 12 weeks of unpaid, job-protected leave to eligible
employees for the birth or adoption of a child or for the serious illness of the employee
or a spouse, child, or parent.
What is the Federal Insurance Contributions Act (FICA)? - ANSWER This act requires
employers and employees to make matching contributions to Social Security. The
CAI FINAL EXAM 150 QUESTIONS WITH 100% COMPLETE
AND CORRECT ANSWERS/A+ GRADE/2023 VERSION
employer must withhold the employee's share of the tax from his or her wages or salary
and pay it timely to the federal government.
What is the Occupational Safety and Health Act (OSHA)? - ANSWER OSHA's mission
is to "prevent injuries and protect the health of America's workers by ensuring safe and
healthful workplaces". Some OSHA requirements include:
-specific working conditions
-
What is the Soldiers' and Sailors' Civil Relief Act of 1940? (SSCRA) - ANSWER SSCRA
impacts American forces on active duty by requiring the delay of all civil court actions,
such as bankruptcy or foreclosure, until the service member returns from active duty.
SSCRA also protects active service members' dependents from being evicted if the rent
does not exceed $1,200 per month by requiring the landlord to obtain a court order
authorizing eviction.
What is the U.S. Bankruptcy Code? - ANSWER The purpose of this law is to help
honest people and businesses find a way to pay their debt or get a fresh law. These
laws help people who can no longer pay their creditors start anew -- by liquidating
assets to pay their debts or by creating a repayment plan. Bankruptcy Prevention and
Consumer Protection Act (2005) contained a small provision stating that associations
have the authority to collect assessments that come due after the date the homeowner
filed for bankruptcy.
What is the Federal Communications Commission? (FCC) - ANSWER In 1996, FCC
adopted the Over-The-Air Reception Devices (OTARD) Rule concerning restrictions on
viewers' ability to view programming from direct broadcast satellites, wireless cable and
television broadcast stations. This overrides the association's deed restriction that bans
satellite dishes and antennae from property that is exclusively used, controlled or owned
by the resident, including tenants.
What is the Fair Housing Act? - ANSWER This prohibits the discrimination in the sale,
rental, financing, insuring and other housing related services of dwellings based on
race, color, religion, or national origin.
In "55 and Older" communities: - ANSWER There must be one person who is 55 years
of age or older living in at least 80% of its occupied units.
What are the three types of State Statutes? - ANSWER 1. General State Statutes
2. Specific State Statutes
3. Uniform State Statutes
What is a General State Statute? - ANSWER This generally applies to community
associations, as well as other types of organizations. The statute most often applied to
community associations are the regular corporate or the not-for-profit corporate
statutes. [Show Less]