A community association’s attorney can provide the association with sound advice on the strength of its case. Attorneys cannot predict, however, with total certainty, the outcome of a lawsuit. It’s far better for the association board or screening committee to consult with its legal counsel prior to denying an applicant.
It is important for a board of directors, a screening committee, and the CAM to be well informed and consistent about the processing of the new owner and tenant application process and its screening criteria.
WHO'S MOVING IN Final Examination Questions Select the best answer for each question and mark your answers on the Final Examination Answer Sheet found on page 76, or complete your test online at EliteLearning.com/Book 41. For a community association to have a legal basis to deny an application for membership, residency, or lease, all of the following conditions must be met, EXCEPT: 46. Which of the following is NOT an example of reasonable accommodation? a. Allowing service or assistant animals in an association with a no-pet policy.
a. Its governing documents must authorize screening. b. Its governing documents must include questionable criteria that vaguely define the criteria for denial. c. Any criteria for denial must be lawful and applied uniformly. d. Denial on financial grounds must be based on specified financial criteria, such as income, net worth, or credit worthiness, as described in the association’s governing documents. 42. Denial of an applicant based on information in their application that can be reasonably interpreted as legitimate grounds for denial, must be based on the governing documents or a violation of law. Which is an example of such information? a. One or more persons applying for residency meets the age limit in a senior living community. b. The number of people listed in the application exceeds minimum occupancy limits. c. The applicant for residency is not a “single family” as defined by statute. d. The applicant intends to live in the residence but does not like the president’s car. 43. A right of first refusal provision in an association’s documents allows the community association to: a. Be offered the opportunity to purchase or lease a unit before that unit is offered for sale or lease to another party, at its appraised value. b. Purchase a unit offered for sale to prevent a person of a certain religion from becoming a member of the association. c. Permit the association president the right to purchase a unit or lot on behalf of a close relative. d. Deny a sales transaction by offering to purchase the unit at its fair market value. 44. Which of the following are applicants for which an association has sound legal grounds for rejection? a. A mentally disabled applicant intends to reside with their assistance animal in an association with a no-pet policy in its documents. b. An applicant who has made material representations in their application. c. An applicant was a tenant who now wants to purchase; however, they have a history of prior rules violations. d. An applicant who is submitted an irrelevant application. 45. Which of the following class of person is federally protected against housing related discrimination? a. Government employees. b. Persons defined as disabled by the ADA.
b. Permitting the use of illegal controlled substances. c. Assigning a closer parking space to a disabled person with a mobility impairment. d. Permitting a sober house to purchase a unit or lot even though the association’s documents limit residency to a single family. 47. What is an emotional support animal? a. A pet. b. An assistance animal that provides emotional support that alleviates one or more identified effects of a person’s disability. c. An animal certified by the AMA to provide therapeutic benefit, such as alerting a diabetic to a low blood sugar condition. d. Only either a dog or miniature horse. 48. Which of the following is true of a sober house? a. It is a group home for persons in recovery from drug and/or alcohol abuse. b. It operates as a safe house for inebriated people to sleep it off. c. The FHAA and the Affordable Care Act prevent municipalities and community associations from restricting the establishment of sober houses within their boundaries. d. It is a halfway house where people recently released from prison can transition to normal community life. 49. Color of title, in property law, refers to: a. A protected class under title VIII of the Civil Rights Act of 1958. b. Approved by an HOA architectural control committee to paint a house. c. A claim to title that appears defective but may be legally valid. d. A claim to title that appears valid but may be legally defective. 50. What is the definition of a guest? a. Someone who resides at a unit, without paying a rental fee, for a period no greater than three months, consecutive or non- consecutive, in any consecutive twelve-month period. b. Found in F.S. 718, 719, and 720. c. Anyone who stays overnight in a unit. d. Does not include or apply to business owned units in an association.
c. Homeless. d. Politicians.
Course Code: CAMFL03WM
EliteLearning.com/CAM/Florida
Book Code: CAMFL1524
Page 72
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