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Megan C
Megan C , Certified Public Accountant (CPA)
Category: Finance
Satisfied Customers: 16539
Experience:  Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
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If an HOA does not file taxes for several years is the association

Resolved Question:

If an HOA does not file taxes for several years is the association defunt?
Submitted: 2 years ago.
Category: Finance
Expert:  Megan C replied 2 years ago.

Megan C :

Thank you for your question, and thanks for using JustAnswer.com.

Megan C :

No, the HOA is not defunct because of the failure to file tax returns. However, you will be unable to file form 1120-H and claim tax benefits associated with being a HOA. Instead you will have to file a return the way that your HOA is organized, most likely a regular 1120 taxed as a normal corporation.

Customer:

If there is only one Board member because everyone quit as they could not deal with her, does she have absolute rule of the members? We plan on voting her out at our annual meeting next month.

Megan C :

No, she does not have absolute rule.

Customer:

If a homeowner changes their door into a window can she demand it be changed back?

Megan C :

Well, if the bylaws prohibit someone from making an alteration to their home without approval of the HOA, and no approval was granted, then she could put up a stink about it. But, if the homeowners association votes her out then it becomes a moot issue.

Customer:

Three homeowners altered their kitchen doors into windows. Our bylaws say to make a change it goes in front of the archatecual board, if there is not an board then it goes in front of the officers. None of us asked her because she is so difficult to get along with. Are we in the wrong?

Megan C :

If she's an officer, then you would have to go in front of her...or wait until she's voted out

Customer:

Thank you for the advice

Megan C :

You're welcome. Is there anything else I can assist you with today?

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