HOAs exempt under IRC Section 501(c)(3), (4), (8), (10) or (19) are also eligible for a sales tax exemption. A qualifying HOA must apply for exemption.
A property owners association, or POA, is formed to protect the undeveloped areas of a community. A homeowners association, or HOA, is formed to protect and manage a collection of homes.
Disclosure Requirements Disclosure is mandated by law, often through public records and real property records. Before purchasing a home, buyers must receive a set of documents detailing the HOA's health, such as its covenants, conditions, restrictions, bylaws, rules, and financial statements.
While HOAs and condo associations establish themselves as nonprofits, they are not tax-exempt organizations under 501(c)(3). The requirements for 501(c)(3) are very strict. To qualify, an organization must serve a broad public interest.
While HOAs are Required to File BOI reports, it's often best handled by community or property managers who have the expertise to manage this complex process accurately and efficiently. Let's explore why BOI reporting is essential, the role of community managers, and practical tips to ensure your HOA remains compliant.
In 2021, the Texas Senate passed Bill 1588, which placed restrictions on HOA authority over fencing. This legislation ensures that if you own a property, your HOA cannot categorically deny you the right to a fence installation.
House Bill 614 guarantees your right to a hearing before the HOA board to contest the violation or the proposed fine. This ensures a fair and transparent process where you can voice your concerns and advocate for your interests.
Eligibility. In general, Texas law does not contain any specific requirements for someone to be eligible to serve on the Board of Directors. A director doesn't even have to be a member of the organization. However, many property owners' associations create their own eligibility requirements in the governing documents.
The governing documents should stipulate the conditions under which the property owners' association may access the premises. It's also important to mention here that HOAs must provide the homeowner with written notice at least one to two weeks before entering the property unless there is an emergency.
Certificates are filed in the county where the property is located and electronically in the Homeowners' Association Management Certificate Database. They often include contact information, mailing address, and website where governing documents can be found.