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NinhP (California)
Posts: 12
Posted:
I am try to fill the application fot Exemption and have 2 questions:

1)What type of organization for an HOA? Incorporated or UnIncorporated?
2)What is the Primary activity of organization?

Thanks,

Ninh
DonnaS (Tennessee)
Posts: 5,671
Posted:

HOA's are non profit corporations.

Types
Under HOA California law, two categories of HOAs exist: nonprofit mutual benefit corporations and unincorporated associations. The nonprofit mutual benefit corporations consist of member homeowners who vote for a board of directors to manage the dealings of the association. Typically, unincorporated associations receive similar treatment under California HOA law.

Activity; To follow governing documents , usually set up by the Developer. Purpose is to have a consistancy in how the development maintains it's appearance and condition at development origin.

NinhP (California)
Posts: 12
Posted:
Thank you for your Explanation.

I will fill the form and submit it to the CA Franchise Tax Board.

Ninh
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would suggest reading your CC&R's first to determine if your a for-profit HOA or non-profit. Typically, most HOA's are non-profit but there are a few out there that are not. There is usually a "Articles of Incorporation" document filed at the STATE level that the HOA may have. It's part of the basic 3 documents of a HOA. 1. CC&R's.(county level). 2. By-laws. (not filed). 3. Articles of Incorporation.

I've also heard that a HOA can't declare themselves a non-profit automatically. There may be a process with the IRS that gives out that determination. I suggest calling the IRS or looking on their site for that information.


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