Florida Community Association Manager Practice Exam

What is an action that an HOA cannot take during an emergency?

1. Contract on behalf of a member for individual service responsibilities

2. Collect dues without a written notice

3. Change bylaws without member approval

4. Stop all scheduled services to members

The correct answer is: Contract on behalf of a member for individual service responsibilities

When considering the actions that a Homeowners Association (HOA) can or cannot take during an emergency, it's important to understand the legal and practical limitations placed on HOAs and their boards. In this case, the correct response highlights the inability of an HOA to contract on behalf of a member for individual service responsibilities during an emergency. When an emergency situation arises, certain responsibilities and rights are typically designated to individual members of the community. Each homeowner is generally responsible for their own property and associated services, and this independence means that the HOA cannot unilaterally assume those responsibilities or make contracts for services on behalf of individual homeowners. This protects the rights of homeowners and ensures that decisions regarding individual service contracts are made with the homeowner's consent and according to their preferences. The other potential actions described involve specific procedural or policy changes regarding dues collection, bylaws, and service provision that an HOA might have more leeway to address during emergencies, often guided by emergency protocols or modifications to usual operating procedures. In many cases, collecting dues without written notice can be allowed under certain conditions, amending bylaws may fall under emergency provisions in the bylaws themselves, and the board might have the authority to temporarily halt services in extreme circumstances as a measure to prioritize community resources