Non-profit Status of a Homeowner's Association

[A Smiley]

Our Home Owners Association is incorporated as a non-profit corporation in the state of Ohio. We members have reason to believe that the president of our association has been contracting with his son's one-person software company for "services" to our community. Unfortunately, the president and the HOA board treasurer have refused members access to closed board meeting minutes and financial records so that we might review the past year's expenditures. The issue of withholding this documentation will probably have to be resolved in court. In the interim, however, we are concerned that the non-profit status of our HOA will be jeopardized by the probable movement of significant sums of money by the president to a business owned by his immediate family. Would his actions be considered "self-dealing" as defined in the IRS code; and if so, could our HOA find our non-profit status in question?

 

[Taxguy]

>>. Would his actions be considered "self-dealing" as defined in the IRS code; and if so, could our HOA find our non-profit status in question?<<

Yes,...and yes.