Monthly Archives: February 2012

Are All HOA Monies Tax Exempt?

By Gary Poliakoff A Las Vegas HOA is currently fighting with the IRS over the question of whether $2 million held in the HOA’s savings account is subject to a 30% sales tax as corporate surplus. Associations are generally organized as not-for-profit corporations (some older associations are not incorporated) and therefore must file tax returns like other not-for-profit corporations. Associations are not entitled to tax exempt status like charitable organizations. To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in the Code. To be tax … Click Here For Entire Entry

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Big Money To Be Made In Foreclosures

By John Gittelsohn Private equity firms are jumping into distressed housing as the U.S. government plans to market 200,000 foreclosed homes as rentals to speed up the economic recovery. GTIS Partners will spend $1 billion by 2016 acquiring single-family homes to manage as rentals, Thomas Shapiro, the fund’s founder said. That followed announcements this month that GI Partners, a Menlo Park private equity fund, expects to invest $1 billion, and Los Angeles-based Oaktree Capital Management LP will spend $450 million on similar housing. “It’s a massive market,” Shapiro said in a telephone interview from New York. “We’re starting to see … Click Here For Entire Entry

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Disturbing New Trend Impacting HOA’s

By Donna DiMaggio Berger Two recent legislative attempts signal a disturbing trend that has the potential to negatively impact Florida’s community associations. The first is this year’s construction defect bill, HB 1013, sponsored by Representative Artiles and its Senate companion, SB 1196, sponsored by Senator Bennett. These bills would take away a homeowner’s rights to pursue a developer for defects to the driveways, roads, sidewalks. utilities, drainage areas and other so-called “off-site” improvements that are not located on the lot on which a home is constructed or which are located on such a lot but do not contribute to the … Click Here For Entire Entry

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Texas HOA Law Changes

By Jennifer Slewer A slew of changes are now in effect for the state’s homeowners associations, the love-’em-or-hate-’em groups that everyone seems to have an opinion about. The changes grant homeowners more freedoms when it comes to outdoor decorating and installation of environmentally friendly systems. The changes also make it harder for HOAs to foreclose because of unpaid fees. Now, HOAs won’t be able to keep you from displaying the U.S. or Texas flag, or flags of military branches. Free-standing flagpoles 20 feet tall or less will be allowed, too — legislation filed in response to an HOA that sued … Click Here For Entire Entry

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