CMCA Ethics and Professional Conduct 4 — Questions and Answers
Question 1: Which action best demonstrates a CMCA's commitment to continuing professional competence as required by the CAMICB Code of Ethics?
- Relying exclusively on experience gained before certification
- Completing required continuing education and staying current on laws affecting community associations (Correct answer)
- Delegating all technical questions to attorneys to avoid errors
- Passing CMCA recertification by retesting rather than earning CEUs
Correct answer: Completing required continuing education and staying current on laws affecting community associations
The CAMICB Code of Ethics requires CMCA designees to maintain and improve professional competence through continuing education and staying informed about relevant legal and industry changes.
Question 2: A board member asks the manager to destroy emails related to a homeowner's pending lawsuit against the association. What must the manager do?
- Comply since the board controls association records
- Refuse and advise the board that destroying litigation-related records may constitute obstruction (Correct answer)
- Archive the emails privately without informing the board
- Seek the management company's internal approval first
Correct answer: Refuse and advise the board that destroying litigation-related records may constitute obstruction
Destroying records relevant to pending litigation is potentially illegal spoliation of evidence; the ethical manager must refuse and inform the board of the legal risk immediately.
Question 3: How should a CMCA handle a situation where two board members have a heated personal dispute that is disrupting meetings and decision-making?
- Side with the board member who has served longer
- Remain neutral, facilitate professional conduct, and recommend mediation or parliamentary procedure if needed (Correct answer)
- Remove both members from the meeting
- Report the conflict to the state HOA regulatory agency
Correct answer: Remain neutral, facilitate professional conduct, and recommend mediation or parliamentary procedure if needed
The ethical manager must remain neutral in board member disputes and facilitate orderly, professional meetings while recommending appropriate dispute resolution mechanisms.
Question 4: A CMCA is approached by a local journalist asking about an ongoing enforcement action against a homeowner. What is the appropriate response?
- Provide full details to demonstrate association transparency
- Decline to comment on individual enforcement matters and refer the inquiry to the board president or legal counsel (Correct answer)
- Confirm the action exists but withhold the homeowner's name
- Direct the journalist to the association's public meeting minutes
Correct answer: Decline to comment on individual enforcement matters and refer the inquiry to the board president or legal counsel
Individual enforcement actions involve confidential owner information; the ethical manager should decline to discuss specifics and direct media inquiries to authorized representatives.
Question 5: What is the ethical implication of a manager signing contracts on behalf of the association without board authorization?
- It is acceptable if the contract is below the association's reserve threshold
- It violates the manager's authority and the board's fiduciary duty to control association commitments (Correct answer)
- It is permitted if the management agreement grants general contract authority
- It creates personal liability for the manager only if the contract is unfavorable
Correct answer: It violates the manager's authority and the board's fiduciary duty to control association commitments
Signing contracts without board authorization exceeds the manager's delegated authority and undermines the board's fiduciary responsibility to approve significant association commitments.
Question 6: A CMCA suspects that a fellow manager at the same firm is mishandling client funds. What ethical obligation does this trigger?
- No obligation since it involves a colleague, not the manager's own clients
- An obligation to report the concern through appropriate internal or regulatory channels (Correct answer)
- An obligation to inform the affected association's homeowners directly
- An obligation to gather proof before taking any action
Correct answer: An obligation to report the concern through appropriate internal or regulatory channels
Professional ethics require reporting suspected misconduct by colleagues through appropriate channels—such as firm management, the CAMICB ethics process, or relevant authorities—to protect clients and the profession.
Question 7: Which of the following situations represents a clear violation of the CMCA's duty of confidentiality?
- Sharing delinquency records with the association's collection attorney
- Discussing a homeowner's unpaid dues balance at an open community social event (Correct answer)
- Providing financial records to the board's auditor during an annual review
- Disclosing lien information to title companies during a property sale as required by law
Correct answer: Discussing a homeowner's unpaid dues balance at an open community social event
Discussing an individual owner's delinquency at a social event publicly discloses confidential financial information without authorization, violating the duty of confidentiality.
CMCA Ethics and Professional Conduct 4
Which action best demonstrates a CMCA's commitment to continuing professional competence as required by the CAMICB Code of Ethics?