CMCA Community Association Documents and Governing Instruments 1 — Questions and Answers
Question 1: Which document in a common interest community typically holds the highest legal authority after state law?
- Bylaws
- Rules and regulations
- Declaration (CC&Rs) (Correct answer)
- Board resolutions
Correct answer: Declaration (CC&Rs)
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?
- Use restrictions on units
- Easements over common areas
- Procedures for electing the board of directors (Correct answer)
- Assessment lien rights
Correct answer: Procedures for electing the board of directors
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?
- Rules and regulations
- Bylaws (Correct answer)
- Board policy manual
- Most recently adopted document
Correct answer: Bylaws
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:
- A simple majority board vote
- A supermajority owner vote as specified in the Declaration (Correct answer)
- Only the approval of the HOA manager
- Unanimous consent of all lienholders
Correct answer: A supermajority owner vote as specified in the Declaration
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?
- A financial reserve chart
- A recorded map showing lot boundaries and common areas (Correct answer)
- An insurance policy schedule
- A maintenance checklist
Correct answer: A recorded map showing lot boundaries and common areas
A plat is a recorded survey map that establishes the boundaries of individual lots, common areas, and easements within the community.
Question 6: Rules and regulations in a community association are typically adopted by:
- A vote of all homeowners
- The board of directors within authority granted by governing documents (Correct answer)
- The state homeowners association regulatory board
- The original developer only
Correct answer: The board of directors within authority granted by governing documents
The board of directors generally has authority under the bylaws and Declaration to adopt and amend rules and regulations without a full membership vote.
CMCA Community Association Documents and Governing Instruments 1
Which document in a common interest community typically holds the highest legal authority after state law?