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ConnieR (New Hampshire)
Posts: 1
Posted:
We are a Homeowners Association and wonder whether or not it is a good idea to incorporate. We do have a tax ID# which I don't know what that means. Some of our Board members think, because we have a small pond on our common land that we need to up our insurance and become incorporated so that if we are sued they can only obtain the amount of money we are covered for. They think they can take money in the Capital Reserve or whatever we may have and also, they could come after each individual homeowner. I don't think they can according to info I received. Can you help.....

CReihms
ChrisM (Maryland)
Posts: 3
Posted:
I am not an attorney, but I am a community manager who has consulted attorneys on this very topic. A corporation provides an extra layer of protection for the association and its individual members against liability (lawsuits). However, adequate insurance coverage may accomplish the same goal. There is no requirement that a community association be incorporated, but incorporating does create a taxable entity that can borrow and conduct other business. Again, a community association is an entity that can do the same thing, but sometimes it is easier as a corporation. Personally, I prefer incorporation, but absent the corporate veil, be sure you have adequate liability coverage including hired and non-owned vehicle (for your board members and volunteers who might be conducting association business in their personal vehicles), workers compensation for volunteers (in case a volunteer worker is injured) and boiler & machinery (for power spikes originating in community owned equipment that might damage privately owned equipment)
JosephW (Michigan)
Posts: 882
Posted:
Follow the tax ID to see what your current legal status might be. You might find that the tax ID refers to the development entity rather than your association, in which case you will want to make sure the filings are directed to the developer. You might find that you are already incoroporated, but that your status may no longer be active. Get a copy of the filing from IRS, then check eith your state's corporation division to see what's going on there.

Joe

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