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JennyG2 (California)
Posts: 2
Posted:
Our HOA switched management companies at the beginning of 2017. The old company was terminated as of January 31st, while the new company began on January 1st, so we could have a month of transition time. This was arranged by the previous board, who all resigned prior to the switch. I am the president of the board that took over.

Despite having TWO property management companies in January, I have just learned that no 1099 forms were filed for our vendors. It seemed quite obvious to me that the old company should have closed out their tax year and filed the forms since we were paying them in full for that entire month, but they deny all responsibility, saying that, per the termination agreement, management was turned over to the new company on January 1st, and that they had given them all of the financial info by then. The reality as I understand it was that the old company turned over boxes and boxes of files...none of it was digital...and that it took the entire month of January to get all of it. The old management company was uncooperative throughout the process and were generally horrible to deal with the entire time I have lived here. I feel that this was done entirely on purpose, despite the fact that they admit they were supposed to be "working together" with the new management company during that transition month.

Has anyone experienced a similar situation? Is there any recourse we can take with such an issue?

RichardP13 (California)
Posts: 3,868
Posted:
First, welcome to the forum.

Having been employed as a manager and now own my own company, I have dealt with a number of transitions. In regards to the 1099's have them filed as quickly as possible with an explanation to both the IRS and FTB. Have your taxes been files with both the IRS and FTB and proper forms filed with the FTB. That would be more of an issue that the 1099's.

I am sorry to report that companies that lose accounts give up. If they are smart, learn why they changed and make sure to not let it happen in the future. If I were to have to turn over an HOA, all the files would be digitized except for one box that has to be paper copies. I have had 40-50 boxes turned over during transition, what a nightmare.

Transitioning during the first three months of the year are the most challenging because of certain legal deadlines and things will fall through the crack.

Transitions are a challenge for a management company and it does take a couple of months to settle down, even for the largest companies.
LarryB13 (Arizona)
Posts: 4,099
Posted:
The ultimate responsibility for issuing 1099's rests with your association and you have already terminated the vendor who let you down. You have no further recourse.

I am not much of a tax person but my understanding is that there is no duty to file a 1099 and no penalty for not doing so.

RichardP13 (California)
Posts: 3,868
Posted:
I am a tax person and the penalty may range from $30-$100 per form with a $500,000 max.
RichardP13 (California)
Posts: 3,868
Posted:
The link below is the penalty rates and dates.

https://www.irs.gov/government-entities/federal-state-local-governments/increase-in-information-return-penalties-2
JennyG2 (California)
Posts: 2
Posted:
Thank you for the info! We do plan to get it resolved as soon as possible and explain to the IRS what happened. Luckily my awesome dad/accountant is helping me navigate this fun mess. I realize I have no recourse with the old company at this point but that isn't going to stop me from crafting of my strongly worded emails ;)

I'm so happy I found this forum since we seem to have a crisis of some sort every few days and I often don't know where to go for good advice

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