Religious Donation

Started by DukeS • 7 replies • 1089 views

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DukeS (Colorado)
Posts: 8

Posted:

May a HOA rent (or donate to) a church facility to hold a social affair? Does Colorado statutes (CCIOA - Non profit) or IRS regulations allow such? Some members may not want to support a religious organization. May they withhold a portion of their assessment in protest or because of their beliefs?

THANK YOU

Duke

MicheleD (Kentucky)
Posts: 4,491

Posted:

This is more likely a question you should put to your members.

Since and HOA is not a governmental agency or any part of government, there are no religious-government separation issues.

However, your membership should give you an idea if they have any issues with where you plan to hold events.

We used to pay to have meetings at the local firestation training center. Some people didn't like us paying to rent facilities at all, but given we don't have any building or neighborhood center to use, they sort of don't get the veto where we go.

We would get rooms where we could find them and where we felt the price was reasonable.

Fortunately, our local Municipal Government Center offers FREE meeting room space, on a first come, first serve basis, to any neighborhood associations, so we don't have that problem anymore.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Duke,

My former assn made arrangements with a local Church to hold board meetings in their social room. They refused to charge us a rental fee so at the end of the year we gave them a "donation". We did not solicit the membership for their opinion on this because we just felt it was merited. IMO, that's not the same as an outright donation with no specific benefit received. My current assn holds board meetings at our local elementary school and our annual meeting is held at a City facility; we must pay a rental charge to both of these entities. When the assn has no meeting facilities they may have no choice but to seek a meeting place which may or may not charge a fee. If a fee isn't charged, I see nothing wrong with making a donation to that entity, whether it be a church, a school or whatever. It's a way of showing your appreciation and I can't imagine why any member would object.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By DukeS on 03/09/2009 8:37 AM
May a HOA rent (or donate to) a church facility to hold a social affair? Does Colorado statutes (CCIOA - Non profit) or IRS regulations allow such? Some members may not want to support a religious organization. May they withhold a portion of their assessment in protest or because of their beliefs?

THANK YOU Duke

HOAs often rent facilities for an association event. I am not aware of any statute which would disallow this. Protest and religious beliefs are non factors but you can withold paying assessments. However, you will still be responsible for the assessment balance not paid, plus any late charges and other fees involved because your account would be delinquent.

KirkW1 (Texas)
Posts: 1,665

Posted:

If you rent the facility, it is not a donation. Now it is possible as someone else has mentioned that the church doesn't charge you and if you give them something it becomes a donation. I would have no qualms about giving a donation of some portion of what a reasonable rental fee would be.

SusanW1 (Michigan)
Posts: 5,202

Posted:

This can be solved by stopping use of the term "donation" when - on your books - it really is a facility rental cost for holding your meeting. Find out what the going rate is for rooms that size, and write a check for that amount. End of problem!

EllenS1 (Florida)
Posts: 1,148

Posted:

Duke,

Renting a facility and donating to a religous group are separate issues. I see no reason not to rent from a religious group but donating..a big NO.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

It would appear that if you gave someone some money for the use of their building, it is not a donation.
Why look for trouble, send them a check, mark it rent and forget it.

If you had a community room you rented out and a religious group rented it, does taking the money constitute an endorsement of the religion.............nope. Suppose you let different groups use it for free, that also is not endorsing a religion. Suppose you let owners use it free and they brought in the the Local Baptist melody makers and they decided to open it up to anyone..............same answer. In this case once you passed control of the room over to the owner, they can do what they want.

How about holding a partisan political meeting, does that make you a revolutionist because you didn't let the current political leadership be the sole user.

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