Association Taxation and Reserves

The Internal Revenue Service (“IRS”) excludes from an association’s taxable income those amounts which are properly kept and used for capital contributions.  In several significant Revenue Rulings, the IRS considered special assessments for major repairs and replacements to be capital contributions in addition to capital contributions to reserve funds from annual assessments. For assessments toGo to Resource

Top 10 Document Amendments Myths And Misunderstandings

Although document amendments lead to desirable results, boards frequently refuse to utilize this tool based on commonly held preconceived notions and popular myths about the process.  This article addresses the top 10 myths and misunderstandings pertaining to document amendments. Myth #1:  If a declaration contains a mortgagee approval requirement, it is impossible to amend. Fact: Go to Resource

Rules of Players in Document Amendment

Board Members Guide attorney regarding “wish list” and culture of the Association. Build grass root support within community by owner involvement, education and buy-in. Thoroughly review and understand proposed amendments.   Owners Become educated regarding proposed amendments. Provide feedback and input on drafts, surveys, etc. Provide consents necessary for approval.   Attorney Guide Board ofGo to Resource

Five Reasons to Amend Governing Documents

Governing documents are often overlooked until a particular issue arises that brings shortcomings, inconsistencies, or problems to light.  When this occurs, it may be too late to amend the governing documents to properly address the issue at hand.  For this reason, associations should periodically review their governing documents to identify potential areas of concern whichGo to Resource
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