Florida Community Association Manager Practice Exam

In cooperative associations, do they have declarations?

1. Yes

2. No

3. Only in certain circumstances

4. Only if specifically written in bylaws

The correct answer is: No

In the context of cooperative associations, the concept of declarations is not applicable in the same manner as it is to other types of community associations like condominiums or homeowners associations. In a cooperative, members own shares in the corporation that owns the property rather than owning individual units or lots. This structure means that there is no need for a declaration document in the traditional sense, which is typically used to define the rules and regulations governing an association's members in property ownership scenarios. Instead, cooperative associations operate under articles of incorporation and bylaws that outline the governance of the cooperative and the rights and responsibilities of its members. This distinction is key in understanding why declarations are not found in cooperative associations. The lack of a declaration simplifies the governing documents in cooperatives, relying instead on corporate governance structures, which serve to protect the interests of the members collectively as shareholders in the property. Thus, when considering the nature of cooperative associations, the clarification that they do not utilize declarations is fundamentally correct.