Massachusetts Articles of Incorporation of Homeowners Association

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A nonprofit corporation is one that is organized for charitable or benevolent purposes. These corporations include certain hospitals, universities, churches, and other religious organiza¬tions. A nonprofit entity does not have to be a nonprofit corporation, however. Nonprofit corporations do not have shareholders, but have members or a perpetual board of directors or board of trustees.

A Home Owners Association is an organization of homeowners of a particular subdivision, condominium or planned unit development. The purpose of a home owners association is to provide a common basis for preserving maintaining and enhancing their homes and property. Most homeowners' associations are non-profit corporations. They are subject to state statutes that govern non-profit corporations and homeowner associations. The associations provide services, regulate activities, levy assessments, and impose fines. Usually, each member of a homeowners association pays assessments. Those assessments or dues are used to pay for expenses that arise from having and maintaining common property.

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FAQ

Massachusetts HOAs and condo associations must file Articles of Incorporation with the Secretary of State, and therefore, are considered corporations and must file taxes just like any other corporations across the country.

Formation of a homeowners' association Articles of incorporation. These articles must be filed with the Secretary of State. ... Map. The association must also provide a recorded map or ?plat? that defines each owner's property as well as common areas owned by the association. Covenants, Conditions and Restrictions. ... Bylaws.

A homeowners association files this form as its income tax return to take advantage of certain tax benefits. These benefits, in effect, allow the association to exclude exempt function income from its gross income.

The process for dissolution of an HOA in Massachusetts may be set forth in the HOA's governing documents. If it is not, a majority vote by members at an HOA meeting is required to authorize a petition for dissolution.

(1) The purpose of revenue ruling 70-604 is to allow a homeowners association that has excess member income in a given tax year to either refund that excess to the members or roll it over to the next tax year to avoid taxation of the ?inadvertent? excess member income.

Two Options for Massachusetts HOA Tax Returns By filing Form 1120, HOA put all its income to be taxable; any funds set aside or in excess of expenditure will be taxed. Form 1120 has also proven to be complex, requiring some level of accounting and bookkeeping that most HOAs do not keep.

Massachusetts HOA Laws and Regulations Homeowners associations in Massachusetts are not governed or regulated by any act. Chapter 138A of the State Code describes condominium management but those laws do not apply to HOAs.

There is less risk associated with completing form 1120-H. This is because the HOA is filing such a return are not grouped in for audit purposes with large corporations. The exempt function income of the HOA is not taxable. However, any income in excess of expenses (whether exempt or not) is taxable under form 1120.

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Massachusetts Articles of Incorporation of Homeowners Association