💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

SueC4
Posts: 49
Posted:
Texas- More than a few residents in my neighborhood claim our HOA is fake. The Board has ignore and dropped the Texas Franchise notice requirements often over 25 years which terminates some rights of the HOA. I called the IRS to get a validation letter on the EIN number for the HOA and was told I could not have that information. I said I have a deeded interest in the association and should have the right to know if other board members have defunct the EIN number. (The association still wants to collect assessments, but refuses to open another checking account for reserves or special assessments. Checking account is styled *.* Homeowners Association) The IRS stated I wasn't allowed to know if the EIN number was active or what (c) type the HOA they filed under. How can this be? Is there any other way to get the number verified? Something is amiss here.
LetA (Nevada)
Posts: 2,679
Posted:
I believe that you as an owner do not have the right to that information unless you are a BOD, you could ask for those filings, but EIN and sensitive
information would be redacted.
BenA2 (Texas)
Posts: 1,273
Posted:
Do your CC&Rs state that the HOA has to have a valid EIN to exist or to collect assessments? They may be breaking the law but that does not make the HOA fake or invalid. Also, I don't believe there is a legal requirement in Texas to have separate bank accounts for special assessments and reserves. It's a good practice but any financial software can keep track of different types of funds without actually having them in separate accounts.

If you are concerned about financials, go to the manager or board and ask to see the records. The IRS is not going to give you information but the HOA is required to.
RichardP13 (California)
Posts: 3,868
Posted:
You need a valid EIN number in order to file income taxes
TimB4 (Tennessee)
Posts: 21,059
Posted:
As others have said, the EIN is essentially the Corporations SSN.
You, member or not, are not authorized to obtain that number from the IRS (you wouldn't want the IRS to provide your SSN to anyone who calls and claims to be a member of your family).

If you really want to know this information, gather support and get yourself elected to the Board. Then volunteer to be treasurer.
SueC4
Posts: 49
Posted:
The CCR's do not mention it but the IRS requires a valid EIN number under the Patriot Act to open an account. They have denied my request twice to view the records.
SueC4
Posts: 49
Posted:
I was President for several years and I have a copy of the Bank records as a part of my files. I know the EIN number and checking account number. The IRS website has non-profit files you can scan to see if a Non Profit has sent in their yearly reporting requirements. They are not listed under either file.
SueC4
Posts: 49
Posted:
Quote:
Posted By BenA2 on 02/17/2018 9:50 PM
Do your CC&Rs state that the HOA has to have a valid EIN to exist or to collect assessments? They may be breaking the law but that does not make the HOA fake or invalid. Also, I don't believe there is a legal requirement in Texas to have separate bank accounts for special assessments and reserves. It's a good practice but any financial software can keep track of different types of funds without actually having them in separate accounts.

If you are concerned about financials, go to the manager or board and ask to see the records. The IRS is not going to give you information but the HOA is required to.

Our CCR's do require a separate checking account for both types
SueC4
Posts: 49
Posted:
Quote:
Posted By BenA2 on 02/17/2018 9:50 PM
Do your CC&Rs state that the HOA has to have a valid EIN to exist or to collect assessments? They may be breaking the law but that does not make the HOA fake or invalid. Also, I don't believe there is a legal requirement in Texas to have separate bank accounts for special assessments and reserves. It's a good practice but any financial software can keep track of different types of funds without actually having them in separate accounts.

If you are concerned about financials, go to the manager or board and ask to see the records. The IRS is not going to give you information but the HOA is required to.

Our CCR's do require a separate checking account for both types
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By SueC4 on 02/18/2018 12:32 PM
I was President for several years and I have a copy of the Bank records as a part of my files. I know the EIN number and checking account number. The IRS website has non-profit files you can scan to see if a Non Profit has sent in their yearly reporting requirements. They are not listed under either file.

So, it sounds like you know they have a valid EIN but believe they are not filing with the IRS. I would recommend talking to an attorney. You have a right to see the financial records. Another alternative is talk to someone in the
District Attorney's office. I'm not sure what they will do but it is a violation of the law.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here