Your association counsel or association CPA is best prepared to answer your specific question.
There is no standard.
Filing a lien on an owner's title is a specialized action that is best performed by an attorney schooled in common interest communities. Filing the wrong lien, improperly, will jeopardize the association's standing in the matter.
In general, homeowners associations (HOAs) are required to file a federal tax return. However, if the HOA meets certain criteria outlined by the Internal Revenue Service (IRS), they may be able to file a simplified tax return called Form 1120-H instead of a regular corporate tax return. It is recommended to consult with a tax professional or the IRS for specific guidance on your HOA's tax filing requirements.
filing electronically
No. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
Apparently the association owes a debt over which a lien has been filed. Effectively, the lien can cloud the title of all the units/ homes in the association. It is in the best interests of all the members and of the association's board to settle this matter quickly and file a release of the lien.
In order to vacate subdivision covenants, a homeowners association would typically need to follow a legal process. This may involve obtaining approval from a majority or supermajority of homeowners, consulting with legal counsel, and filing a petition with the appropriate court. The specific steps and requirements will vary depending on the jurisdiction and the language of the covenants.
Possibly. Call an agent.
Delaware and Nevada are good places to get incorporated. Delaware is very flexible and Nevada has low filing fees.
Liens are very specific in terms of their types and methods of filing. Associations are best advised to turn over any proposed lien action to association counsel to file. An improper lien, improperly filed can give the subject valid grounds upon which to oppose the lien.
The governing documents detail the power and authority of the board, and generally, yes, do represent owners. A common interest community-savvy attorney can answer your specific question.
Yes, in Florida, a homeowners association is generally required to provide notice to the property owner before filing a lien. The notice must be sent by certified mail and include specific information, such as the amount owed, a description of the violation, and a statement of the owner's right to request a hearing. This notice gives the property owner an opportunity to resolve the issue before a lien is filed.
A Missouri limited liability company is formed by filing Articles of Organization with the Missouri Secretary of State.