Are owners entitled to see HOA tax returns?

Started by JohnC73 • 12 replies • 531 views

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JohnC73 (Massachusetts)
Posts: 344

Posted:

Are the owners in an HOA legally entitled to see the HOA tax returns? The HOA owners are the association and ultimately responsible for these tax returns, so I would assume has the right to see them.

The reason why is in another recent post of mine and probably shouldn't be rehashed here.

Thanks
John Cummings

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Yes almost all bylaws state owners can view his records

vis ta vie

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Tip. I would not post my name on any social media site...

A well run HOA tax return not going to be that exciting. However, it does if you notice the HOA paying taxes as a non profit outside of property taxes.

Former HOA President

DouglasK1 (Florida)
Posts: 2,046

Posted:

I'm not sure what MA has for HOA open records laws, but in Florida tax returns would certainly be part of the association records open to inspection and copying by members.

Escaped former treasurer and director of a self managed association.

MichaelT21 (Arkansas)
Posts: 462

Posted:

Quote:

Posted By MelissaP1 on 12/06/2022 6:04 AM
Tip. I would not post my name on any social media site...

A well run HOA tax return not going to be that exciting. However, it does if you notice the HOA paying taxes as a non profit outside of property taxes.

Wait a minute....does that mean your name is not Melissa?

JohnC73 (Massachusetts)
Posts: 344

Posted:

Quote:

Thanks for this tip.

I have requested a copy from the BOD, but our BOD usually stonewalls and I just wanted to see if it was legal. Don't want to go into the reasons why here, all that is on another thread.

John Doe!

JohnC73 (Massachusetts)
Posts: 344

Posted:

Quote:

Posted By DouglasK1 on 12/06/2022 6:46 AM
I'm not sure what MA has for HOA open records laws, but in Florida tax returns would certainly be part of the association records open to inspection and copying by members.

Thanks!

The HOA is seasonal in NH. Yes, we have open records laws, the problem is that many time the BOD just refuses to honor the law and there isn't a lot that owners can do about it.

Thanks
John Doe

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Shocker my name not Melissa...

If it was illegal guess who handles that? The IRS ...

Former HOA President

ElleN (Idaho)
Posts: 4,420

Posted:

It's possible the preparer of the tax returns may deem the returns proprietary and instruct the association not to provide the tax returns to members. Whether the association honors this is another matter. Also the NH condo act 356-B:37-e provides pretty specific limits on records members can see. Tax returns are not listed.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By ElleN on 12/06/2022 7:58 AM
It's possible the preparer of the tax returns may deem the returns proprietary and instruct the association not to provide the tax returns to members. Whether the association honors this is another matter. Also the NH condo act 356-B:37-e provides pretty specific limits on records members can see. Tax returns are not listed.

MaxB4
Posts: 3,513

Posted:

Quote:

Income tax returns are not proprietary

MichaelT21 (Arkansas)
Posts: 462

Posted:

I would concur with the others that income tax returns should be available to members upon request.

JohnC73 (Massachusetts)
Posts: 344

Posted:

Quote:

Thanks Ellen,

And this is related to the other thread regarding non-profits and for-profits joining finances.

John Doe!

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