Florida Community Association Manager Practice Exam

What must be done to the governing documents when they are amended?

1. Only board members can consent to amendments

2. They must be re-filed with the state every time

3. Members must vote on them every year

4. All new amendments must be recorded with appropriate authorities

The correct answer is: All new amendments must be recorded with appropriate authorities

The correct approach to handling amendments to governing documents is that all new amendments must be recorded with the appropriate authorities. This requirement ensures that any changes made to the rules governing a community association are made publicly known and are legally enforceable. Recording amendments provides a clear, updated record of the community's governing documents, which is particularly important for transparency and for maintaining legal integrity. This process not only informs current members of any changes but also informs potential buyers or future members about the rules that govern the community. By failing to record amendments, a community could face various legal challenges, as individuals and entities may not be aware of the updated regulations, leading to disputes over governance. Thus, the necessity of recording amendments maintains the integrity and clarity of community governance. In contrast, the other choices do not reflect the standard requirements for amendments. The notion that only board members can consent or that members must vote on amendments annually does not align with the typical procedures outlined in governing documents, which usually specify the level of member approval needed for amendments. Similarly, the suggestion that amendments must be re-filed with the state each time fails to recognize that the key aspect is the recording of amendments rather than a complete re-filing of documents.