Home Condo Living A-Z Best Practices Your Association is a business. Treat it accordingly.
 

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Your Association is a business. Treat it accordingly. PDF Print E-mail

Condominium association living is not merely a form of property ownership.  At its essence, a condominium association is a business and each owner is a shareholder in that business.  As a result, there are certain Administrative Best Practices your Association should follow to ensure that you are running your business right.

Incorporate your Association with the state

Incorporating establishes your Association as an entity that is legally separate from the individual owners and decreases owner liability.  Incorporating may also provide options to the Association that would otherwise not be available, particularly when it comes to banking & loans.  The IL Secretary of State's office handles business incorporation.  You will need to send a money order or certified check or cashier's check for the applicable fees (unless a lawyer or CPA handles the filing)  with your Articles of Incorporation and record the original document with the Cook County Recorder of Deeds once it has been filed and returned.  You can also incorporate online for an expedited fee and pay by credit card.  (From the CCRD website, Select FAQ and then Recording to find information on recording documents.)

File your IL Annual Report on time each year

In order to maintain your incorporation and avoid involuntary dissolution, you must file your IL Annual Report each year.  The IL Annual Report will be mailed to the Registered Agent on file with the Secretary of State.  However, if the Registered Agent is a former owner or someone no longer associated with the Association, the report may not reach a responsible party.  You can check your incorporation status online and determine if your IL Annual Report needs to be filed on the Secretary of State’s website.  If you have not received the pre-printed form and the due date has passed, you will need to complete and file a blank IL Annual Report and pay all applicable fees to maintain your incorporation.

Know your Registered Agent and file a Change of Agent form if necessary

Again, this information can be found on the Secretary of State’s website.  Form NFP 105.10/105.20 Statement of Change of Registered Agent and/or Registered Office must be filed in duplicate with the applicable fees.  The document will then be returned to the Registered Agent and the original must be recorded with the Cook County Recorder of Deeds.

Keep a record of your EIN; if you don’t have an EIN, file for one

An EIN (Employer Identification Number) is issued by the IRS to business entities.  Generally, an EIN is required to set up bank accounts and utilities in the Association’s name.  It is also required when filing income tax returns.  The Association should keep a record of the EIN in its files, preferably the original letter from the IRS assigning the EIN or a printout of the form that is generated when the application is filed online.  Past tax returns will also indicate the EIN.

If the Association does not have an EIN, an application can easily be filed by a Board member on the IRS website.

File your tax returns annually

Form 1120-H, U.S. Income Tax Return for Homeowners Associations, should be filed each year by March 15th  (or the next business day if the 15th falls on a weekend).

If you report taxable income on your 1120-H, you are also required to file form IL-1120, Corporation Income & Replacement Tax Return, with the state of Illinois.  Form IL-1120 is also due by March 15th of each year.

Keep Association records organized and readily available for inspection

The IL Condo Act requires that the Board retain the following documents and that they make them available to owners upon written request:

(1) the association's declaration, bylaws, and plats of survey, and all amendments of these;

(2) the rules and regulations of the association, if any;

(3) if the association is incorporated as a corporation, the articles of incorporation of the association and all amendments to the articles of incorporation;

(4) minutes of all meetings of the association and its board of managers for the immediately preceding 7 years;

(5) all current policies of insurance of the association;

(6) all contracts, leases, and other agreements then in effect to which the association is a party or under which the association or the unit owners have obligations or liabilities;

(7) a current listing of the names, addresses, and weighted vote of all members entitled to vote;

(8) ballots and proxies related to ballots for all matters voted on by the members of the association during the immediately preceding 12 months, including but not limited to the election of members of the board of managers; and

(9) the books and records of account for the association's current and 10 immediately preceding fiscal years, including but not limited to itemized and detailed records of all receipts and expenditures.

Following these Administrative Best Practices will ensure that your Association is operating as the business it is.  It will also keep you in good standing with all government authorities and in compliance with the IL Condo Act.

 

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