Florida Community Association Manager Practice Exam

True or False: The declaration has less authority than the Articles of Incorporation.

1. True

2. False

3. Only in some cases

4. It varies by community

The correct answer is: False

The statement that the declaration has less authority than the Articles of Incorporation is false. In a community association context, the declaration (often referred to as the Declaration of Covenants, Conditions, and Restrictions or CC&Rs) essentially serves as the fundamental governing document for the community. It outlines the rights and responsibilities of the homeowners, as well as the rules that apply to the use of property within the community. On the other hand, the Articles of Incorporation serve a different purpose; they primarily establish the existence of the homeowners' association as a corporate entity under state law. While the Articles of Incorporation might have some operational guidelines, they do not set forth the specific rights and responsibilities related to property use as detailed in the declaration. Because the declaration governs the conduct of the community members and outlines the framework within which the association operates, it holds a higher authority regarding property and usage matters within the community compared to the Articles of Incorporation. Thus, the assertion that the declaration has less authority is incorrect.