Question 1

A condominium unit cannot be mortgaged.

Accepted Answer

A) True 
 B)False

Question 2

Transfer restrictions on co-op interests:

Accepted Answer

A)  Are invalid per se. 
B)  Are generally invalid. 
C)  Are void restraints on alienation. 
D)  Are enforceable. 
A)  Are invalid per se. 
B)  Are generally invalid. 
C)  Are void restraints on alienation. 
D)  Are enforceable.

Question 3

HOA rules are not valid unless they existed originally in the formation documents for the association.

Accepted Answer

A) True 
 B)False

Question 4

What remedies exist for nonpayment of association fees?

Accepted Answer

A)  Lien and judgment 
B)  Revocation of title 
C)  Restriction on transfer 
D)  Eviction 
A)  Lien and judgment 
B)  Revocation of title 
C)  Restriction on transfer 
D)  Eviction

Question 5

Who is responsible for pre-conversion/pre-association expenses and improvements in a condo conversion?

Accepted Answer

A)  Unit owners 
B)  Developers 
C)  Contractors who built the units 
D)  Landlords 
A)  Unit owners 
B)  Developers 
C)  Contractors who built the units 
D)  Landlords

Question 6

Condo and co-op boards are subject to the standards of the business judgment rule.

Accepted Answer

A) True 
 B)False

Question 7

A homeowner must obtain permission from the Architectural Control Committee before making external modifications to his/her home.

Accepted Answer

A) True 
 B)False

Question 8

Discuss the documents necessary for the creation of a co-op and a condominium.

Accepted Answer

?Co?op: incorporation, bylaws,

Question 9

A vacation license:

Accepted Answer

A) Gives the owner of the license a fee simple interest in the property. 
B) Is subject to the laws on the sale of securities. 
C) Is the same as a time-sharing interest. 
D) Is the same as a time-sharing network. 
A) Gives the owner of the license a fee simple interest in the property. 
B) Is subject to the laws on the sale of securities. 
C) Is the same as a time-sharing interest. 
D) Is the same as a time-sharing network.

Question 10

Time-sharing interests cannot be transferred.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following powers do homeowners' associations not have?

Accepted Answer

A)  Control of common areas 
B)  Right to enforce CC&Rs 
C)  Power to assess fees 
D)  Revocation of title 
A)  Control of common areas 
B)  Right to enforce CC&Rs 
C)  Power to assess fees 
D)  Revocation of title

Question 12

Who is responsible for torts occurring within an individual condominium unit?

Accepted Answer

A)  Association 
B)  Unit owner 
C)  There is no liability 
D)  The developer 
A)  Association 
B)  Unit owner 
C)  There is no liability 
D)  The developer

Question 13

How have the courts handled the issue of smoking in condo and co-op association rules?

Accepted Answer

A) Smoking is treated as a public nuisance and can be prohibited by boards 
B) Proof of harm from secondhand smoke is necessary to establish the basis for an HOA rule banishing smoking within units 
C) Smoking cannot be prohibited by HOA rules 
D) Federal law requires no-smoking rules in condos and co-ops 
A) Smoking is treated as a public nuisance and can be prohibited by boards 
B) Proof of harm from secondhand smoke is necessary to establish the basis for an HOA rule banishing smoking within units 
C) Smoking cannot be prohibited by HOA rules 
D) Federal law requires no-smoking rules in condos and co-ops

Question 14

Condominium associations can file liens for non-payment of monthly association fees.

Accepted Answer

A) True 
 B)False

Question 15

Multi-unit housing associations do not have a right of foreclosure for unpaid fees.

Accepted Answer

A) True 
 B)False

Question 16

Why is an unincorporated association liable for torts committed in its common areas?

Accepted Answer

?Because it controls

Question 17

A Declaration of Horizontal Property Regime is a Declaration of Condominium.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following best describes the judicial decisions on no-pet policies adopted by homeowner' associations?

Accepted Answer

A) These no-pet policies have been declared unconstitutional. 
B) These no-pet policies cannot be enforced against owners who have indoor pets only. 
C) These no-pet policies are valid as long as they are adopted properly. 
D) These no-pet policies are unenforceable in California. 
A) These no-pet policies have been declared unconstitutional. 
B) These no-pet policies cannot be enforced against owners who have indoor pets only. 
C) These no-pet policies are valid as long as they are adopted properly. 
D) These no-pet policies are unenforceable in California.

Question 19

HOA age restrictions such as no one under the age of 55 are unconstitutional.

Accepted Answer

A) True 
 B)False

Question 20

Co-ops, townhomes and condominiums are all incorporated non-profit associations.

Accepted Answer

A) True 
 B)False

Exam 11: Real Estate Communities: Multiunit Interests and Owners Associations

A condominium unit cannot be mortgaged.

Transfer restrictions on co-op interests:

HOA rules are not valid unless they existed originally in the formation documents for the association.

What remedies exist for nonpayment of association fees?

Who is responsible for pre-conversion/pre-association expenses and improvements in a condo conversion?

Condo and co-op boards are subject to the standards of the business judgment rule.

A homeowner must obtain permission from the Architectural Control Committee before making external modifications to his/her home.

Discuss the documents necessary for the creation of a co-op and a condominium.

A vacation license:

Time-sharing interests cannot be transferred.

Which of the following powers do homeowners' associations not have?

Who is responsible for torts occurring within an individual condominium unit?

How have the courts handled the issue of smoking in condo and co-op association rules?

Condominium associations can file liens for non-payment of monthly association fees.

Multi-unit housing associations do not have a right of foreclosure for unpaid fees.

Why is an unincorporated association liable for torts committed in its common areas?

A Declaration of Horizontal Property Regime is a Declaration of Condominium.

Which of the following best describes the judicial decisions on no-pet policies adopted by homeowner' associations?

HOA age restrictions such as no one under the age of 55 are unconstitutional.

Co-ops, townhomes and condominiums are all incorporated non-profit associations.

Sources of Real Estate Law

Land Interests: Present and Future

Extent of Real Estate Interests

Nonpossessory Interests in Real Estate

Fixtures

Liens

Describing Land Interests

Co-Ownership of Real Estate

The Landlord-Tenant Relationship

Commercial Leases

The Brokers Role in the Transfer of Real Estate

The Purchase Contract

Methods of Transfer and Conveyance in Real Estate

Financing in the Transfer of Real Estate

Closing the Deal

Transferring Real Estate After Death: Wills, Estates, and Probate

Zoning

Constitutional Issues in Real Estate

Environmental Regulation and Sustainability

Legal Issues in Land and Economic Development

Tax Aspects of Real Estate Ownership and Transfer

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