M 100 THE ESSENTIALS OF COMMUNITY ASSOCIATION MANAGEMENT EXAM | QUESTIONS AND ANSWERS RATED A+ | 2024/2025 GUIDE
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M 100 THE ESSENTIALS OF COMMUNITY ASSOCIATION MANAGEMENT EXAM | QUESTIONS AND ANSWERS RATED A+ | 2024/2025 GUIDE
M 100 THE ESSENTIALS OF COMMUNITY ASSOCIATION MANAGEMENT EXAM | QUESTIONS AND ANSWERS RATED A+ | 2024/2025 GUIDE
M 100 THE ESSENTIALS OF COMMUNITY ASSOCIATION MANAGEMENT EXAM | QUE...
M 100 THE ESSENTIALS OF
COMMUNITY ASSOCIATION
MANAGEMENT EXAM | QUESTIONS
AND ANSWERS RATED A+ | 2024/2025
GUIDE
Use of Due Process Procedure to enforce rules
- Correct Answer - Due process procedure is a formal process designed
to protect the rights of all parties involved
Several benefits to using due process procedure to enforce community
association rules:
- Correct Answer - 1. All alleged rule violations are handled in the same
manner
2 Use of a due process procedure is recognized by the courts as an
indication of legally valid rule enforcement
3 Vast majority of rule violations an be resolved w/ this procedure, this
avoiding going to court
4. Opportunity to be heard in a non-threatening fact-finding forum is
often enough to result in a person's voluntary decision to obey a rule
5 Such a procedure provides an opportunity to explore alternative means
to resolve a violation
,Basic steps in a community association due process procedure for
handling alleged rule violations. If violation is resolved after any of the
steps, don't need to continue to enforcement process
- Correct Answer - 1. Consider calling the resident or sending a courtesy
letter to resolve violation. Check state statutes or governing docs for
guidance w/ formal enforcement process
- Correct Answer - 2 Issue a formal "cease & desist" letter by certified
mail which contains:
=specific description of alleged violation
=action required to resolve alleged violation
=specific time which the alleged violation must be corrected
=Penalty which may be imposed after a hearing if the alleged violation is
not corrected within the stated time (specified by state statute, your
governing docs or board resolution)
- Correct Answer - 3. Issue a hearing notice if the alleged violation is not
resolved within the stated time. Written notice to alleged violator that a
hearing will be held.
- Correct Answer - 4 Hold the scheduled hearing if the alleged violation
is not resolved within the stated time. Time for both association & violator
to hear the input of the other. Hold default hearing in the absence of
violator.
- Correct Answer - 5 Issue a decision after hearing is held. Hearing
panel determines the facts: whether or not a rule has been violated;
penalty to be imposed, if any; enforcement date of penalty. No decision
is given during a hearing to avoid claims that the hearing panel was
, predisposed to a particular point of view. Hearing panel should issue its
written decision within time frame mandated by state statute, governing
docs, or an administrative resolution by board
- Correct Answer - 6 Allow for an appeal of a decision. An appeal is a
request for a review of a case by a higher authority-if permitted by the
governing docs, resolution or statute
Alternative Dispute Resolution
- Correct Answer - Submitting a dispute to a trained, uninvolved 3rd party
for assistance w/ solving a problem. May be nonbinding or 3rd party may
merely act as a facilitator.
How does arbitration differ from mediation?
- Correct Answer - Mediation is non-adversarial process that is intended
to bring about a win-win resolution.
A neutral 3rd party - called a mediator - attempts to guide the parties into
reaching a resolution or settlement favorable to everyone.
Can be binding or nonbinding, depending on the terms agreed upon
between the parties before the session begins
- Correct Answer - Arbitration is the process in which a 3rd party - called
the arbitrator - renders a decision as to the respective liabilities of all
parties.
Objective isn't to reach a settlement; instead the arbitrator ultimately
makes a ruling.
It's an adversarial process that results in the same "win-lose" or lose-
lose that you would see in litigation
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