Must an Association file federal income taxes?
May 12, 2016
In Tennessee, homeowners associations and condominiums associations are generally formed as non-profit corporations. This means that they are corporations that are not intended to make a profit; they are not “businesses”. They are not charitable organizations. Homeowners associations and condominium associations must file federal income tax returns, just like any other corporation. However, because of…
READ MOREAmending an Association’s Governing Documents is the Practice of Law…at least in Florida
November 27, 2015
On May 14, 2015, the Supreme Court of the State of Florida rendered an advisory opinion on the activities of community association managers (which can be found here). The opinion addressed whether certain activities were, in the opinion of the Court, found to be the unlicensed practice of law. The Court held that certain practices…
READ MORECan an Association Prohibit or Restrict Smoking?
October 2, 2015
Can an association prohibit or otherwise restrict smoking in the common areas or common elements? This is not a question one would typically hear for homeowners associations. Simply put, single family homes in planned developments typically have open air common spaces where smoking is not an issue. But, in condominiums or townhome developments, smoking can…
READ MOREAn Association’s Right to Non-Judicially Foreclose…
March 15, 2015
Often our first contact with an association begins with a discussion about a member who is seriously delinquent in the payment of their assessments. The Board wants to know what they can and should do. The answer we give often comes as a surprise. Have you thought of a non-judicial foreclosure? Many Boards do not…
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