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99 Cards in this Set
- Front
- Back
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Does Florida law require to hire managers?
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No, the Board can handle responsibilities themselves
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Disability is defined as?
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Physical or mental impairment
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Which license expires every Sept 30th of odd years?
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CAB license
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Does an active Armed Force member have to complete continuing education while on active duty?
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No, after honorable discharge
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Who gathers information about the community?
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Manager/CAM
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Who is not allowed to interpret legal documents for The Board or prepare contracts for the community association or 3rd parties?
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CAM
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After a manager is fired, and records are requested, how many days does he/she have to turn them in?
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10 daysNo more than 20 days
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May CAMS make changes to records or documents?
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No
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First time fines are $200 and $250 for failing to maintain or provide records. How much are second violation fines?
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$500/$500
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F.S.399 pertains to?
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Elevators
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F.S.482 pertains to?
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Pest control
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F.S. 718.301 pertains to?
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Survey must be included in The Documents
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Who has 120 days to file for Condos and 30 days to file for Cooperatives?
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The developer
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F.S. 468 pertains to?
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Effective February 2013, amended for CAM disciplinary action
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F.S. 718.111 pertains to?
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Effective July 1, 2014Community association can file lien or foreclosure for construction costs
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3 days rescission period applies to?
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HOAs
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15 day rescission period applies to?
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MHP
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10 days rescission period applies to?
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Timeshares
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The Community Association Living Study Council has how many members? Who appoints them?
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7 members 3 governor, 2 President of the FL senate, 2 Speaker of FL House of Representatives
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The Council functions for administrative purposes, when and how often? When is the next council?
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For 6 months (oct 1- march 31) every 5 yrs, next is in 2018.
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Are members of the Council compensated?
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Only for travel expenses and per diem
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Who pays for the election monitoring process of The Ombudsman? What is the TVI?
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The community association/ members15% or 6 members, whichever is greater
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In the Council, who serves as an ex officio nonvoting member?
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The Director of The Division
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One if the members appointed by the ________, in the Council, may represent timeshare condominiums.
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Governor
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Who/ What:Receives public input about issues, Make recommendations for changes in laws, advise the Division concerning revisions and adoption of rules that affect condos and coops, recommended improvements, and reviews revisions to laws relating to condos?
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The Council
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What is a CDMP?
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comprehensive development master plan, which provides for future development and use of the lnd and mandates certain infrastructure be in place prior to development.
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What entails the regulation of land uses and buildings?
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Zoning
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What do associations pay the Division's Trust Fund?
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Condo and Coops- $4/unit/yr due January 1 and is late after March 1.Timeshares $2/unit/week due Jan 1 late after Mar 1MHP- $4/unit/yr due Oct 1 and late after December 1
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Paying after the late date, DBPR assesses a late fee of?
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10%
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What if the fees are not paid?
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Association may not file lawsuits for defending itself in court until fees are paid
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What works with new developments and conversions?
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Bureau of Standards and Registration
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Meeting notice must be posted how many days before meeting?
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14 days
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A community association is both ______ and ______.
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Business and community
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A community association serves as the ________ ________.
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Management entity
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Controlling and disbursing funds, preparing budgets, providing notices about meetings, and coordinating maintenance, requires a person to become ______ if they are being _______ for these services.
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LicensedRemunerated/Compensated
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The Board never _______ its responsibilities for decision making.
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Delegates
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Are licenses from one state transferable to other states?
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No
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What FL statutes govern CAMs and CABs?
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FS 455, FS 468, part VIII, FAC 61-20, and FAC 61E14
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What is designed to protect the public and to create a platform whereby the industry can evolve and improve its services?
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Licensing
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Effective January 1, 2009, Florida requires that a corporation, partnership, or other entity that provides community association management services be licenses as a _____.
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CAB
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Do you need a CAM license is managing individual properties within or out of a community association?
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No, property management certification or real estate license
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Officers an directors may be reimbursed for actual expenses incurred in carrying out their duties including what?
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Educational courses to improve their knowledge and skills
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Who doesnt need a cam license? Anyone peforming what duties?
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Admin/clerical, maintenance, no management services
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Does a manager if a non-residential community association require a CAM License?
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No, only residential community associations
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What happens if applicant for CaM license lies on application?
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It will be denied
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If an applicant is found to have provided management services that required a license without the requisite license, The Division may refuse to _______ the applicant to take the cam examination.
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Certify
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If the only reason an applicant did not meet the requirements of good moral character is because he committed a second degree misdemeanor, the applicant will ____ ____.
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Be considered to have good moral character
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If applicant has committed a first degree misdemeanor that has been restored, the only way to preclude finding them of good moral character is if?
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The crime was directly related to the professional responsibilities of a community association manager.
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DBPR approves hardships for applicants that cannot take exam if:
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-Resides 70 miles from nearest physical location-Disability -Providers not offering prelicensure courses within 12 months preceding next available examination
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Name the license status categories
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ActiveNon active RevokedSuspendedExpired
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What two statuses occur as a result of disciplinary action initiated because of action or inaction by the licensee?
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RevokedSuspended
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How does your license become expired?
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Not completing continuing education hours
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To keep license active, what is the renewal fee and last date before its late?
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$100, by September 30thPlus $5 unlicensed activity fee
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As of October 1, 2009, all professional licensees must report within _____ days of being convicted or found guilty of a crime in any jurisdiction.
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30
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FS 455.227(1)(t) applies to?
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Reporting requirement for criminal convictions within 30 days
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Since when do CABs need to be licensed?
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January 1, 2009
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Members of the Armed forces do not need to pay fees, register, or perform any other actions as long as they were in good standing by such administrative board, and an active member, or after _______ of being dishonorably discharged.
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6 months
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Annual financial reports cost?
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$61.25 for FS 617$150 for FS 607
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Any changes in address, Officers, or licensed personnel must be notified to the _____ within _______.
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DBPR30 days
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What are the two basic types of authority?
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Actual and apparent
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Authority expressed in writing is aka?
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Actual authority
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Authority not specifically stated in the contract is aka?
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Apparent authority
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- Completing State Annual Report or changes to Corporate Report- Preparing Certificates of Assessment- Prepare first and second notices of election- Prepare notices and agendas of annual/ board mtgs- prepare ballots- prepare affidavits of mailing
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The Fl Supreme Court allows CAMS to take on these responsibilities
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Standards of Conduct for CAMs AND CABs by RCCAM for violating provisions of FS 718, 719 or FS 720?
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FS 468, Part VIII
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Sets standards of conduct for CAMs and CABs?
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FAC 61E14-2.001
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FS 718.111(12), 719.104(2), and 720.303 (4) all pertain to
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Denying or delying access to community association official records to an owner within a timeframe Withholding/ creating false records/ failure to maintain records
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FS 455.227 Grounds for _______
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Discipline/ penalties / enforcement
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FS 501.122(2) Authority to issue ________
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Regulations
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Violation of the standards of professional conduct may be considered ______ _____ and may result in disciplinary action under FS 468.436
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Gross negligence/ gross misconduct
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FS 468.436 DBPR must acknowledge complaints in writing and notify the complainant if it is within jurisdiction and if more info is needed, within ______.
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30 days
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DBPR conducts investigation and takes action within ______ after receipt of additional information requested.
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90 days
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DBPR provides the CAM or CAB against whom the complaint is filed an _______ to respond to charges.
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Opportunity
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The DBPR may take longer than 90 days to resolve an issue, the do not prevent them from continuing investigation, they should simply?
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Keep the complainant informed of the status
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The DBPR issues a _____ ______ at the end of the investigation, reporting its findings and the disciplinary action it has taken.
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Final order
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H
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H
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FAC 61E14-2.001(6)(b) Pertains to as set forth by FS 718.111(12)
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Failing to provide access to records
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FAC 61E14-2.001(6)(d)Pertains to?
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Failing to maintain management records
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Cease and desist order can only be issued to?
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Combat unlicensed activity by cam or cab
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How many cease and desist orders per respondent?
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One
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Who issues the cease and desist order?
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The Division of Regulations
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What is usually the only allegation in the complaint of a cease and desist order?
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ULA Unlicensed Activity
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If cease and desist order fails, the investigator completes the Investigative Report and sends the case to ______ for legal review.
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OGC Office of General Counsel
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Once OGC receives case, a _____ is assigned
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Prosecuting Attorney
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After attorney reviews case, they draft an Administrative Complaint or _____ ______.
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Closing order
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CAM receives remuneration from a vendor for influencing the Board to select a particular vendor/contractor, aka
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Kickback
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The CAM informs a favored vendor of other bids, aka
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Bid-rigging
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If a CAM/CAB believes there may be a conflict of interest, they may wish to advise who?
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Community association President or an Attorney
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CAM/CABs should act with a duty of _____ and _____.
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CareLoyalty
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Duty similar to business judgement, aka
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Duty of care
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Duty similar to fiduciary responsibility, Aka
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Duty of loyalty
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Who regulates CAMs/CABs?
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The Division under the DBPR
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RCCAM stands for?
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Regulatory Council of Community Association Managers
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How many members in the RCCAM? Who appoints and confirms them?
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7GovernorFL Senate
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How long do the members of RCCAM serve for?
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4 yr terms
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RCCAM members must:
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5 members must be licensed CAMs for at least 5 yrs.2 members must be residents of Fl and not connected with CAM business1 member that is licensed, may be involved in Timeshare mgmt
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H
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H
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