The Corporate Transparency Act (CTA) is a significant new federal law that increases transparency and combats financial crimes. These crimes could include money laundering or fraud. While it primarily targets businesses, its provisions also affect homeowner associations (HOAs) in ways many boards might not anticipate.
In this blog, we’ll explore what the CTA entails, how it impacts HOA operations, and what steps boards can take to ensure compliance. For HOA boards, understanding and complying with the CTA is important to safeguarding the integrity of their communities. Our experienced team at Hignell is here to guide associations through these changes, ensuring seamless and stress-free compliance.
This section will provide a comprehensive overview of the Corporate Transparency Act, its purpose, and its key requirements. HOA boards will gain a clear understanding of the law and its implications for their operations.
The CTA was introduced as part of the Anti-Money Laundering Act of 2020. Its primary goal is to prevent illicit financial activities by increasing transparency in business ownership. This legislation mandates that certain entities disclose information about their "beneficial owners" to the Financial Crimes Enforcement Network (FinCEN).
A "beneficial owner" is any individual who:
For HOAs, this could include board members or other individuals with significant decision-making power.
Entities subject to the CTA must file specific information with FinCEN, including:
These details ensure FinCEN clearly understands who is behind each organization, reducing opportunities for misuse.
HOAs formed after January 1, 2024, must report beneficial owner information upon formation. Existing HOAs must comply by January 1, 2025. Non-compliance can result in fines of up to $500 per day and potential criminal penalties.
This section will explore how the CTA introduces new challenges and responsibilities for HOA boards. From managing sensitive data to adjusting workflows, these changes require proactive measures to stay compliant.
The CTA introduces reporting obligations that require HOAs to maintain accurate records of beneficial ownership. Boards may need to establish new workflows to collect, verify, and update data regularly. This might include designating a compliance officer or forming a committee to oversee reporting requirements and manage updates effectively. Maintaining an organized records system will help streamline processes and avoid lapses in compliance.
Handling sensitive personal information, such as identification numbers, raises legitimate privacy concerns. HOAs must implement robust safeguards to protect this data and reassure members that their information is secure. This includes using encrypted digital storage, limiting access to authorized personnel, and developing a clear data protection policy. Communicating these measures to the community can help build trust and confidence among members.
Frequent turnover of board members can complicate compliance, as associations must update FinCEN filings to reflect changes in beneficial ownership. This adds a layer of administrative responsibility for boards. A structured onboarding process for new members ensures they understand the reporting obligations and their role in maintaining compliance. Maintaining a checklist of updates needed during member transitions can also help prevent oversights.
This section will walk through the key steps HOAs must take to ensure compliance with the CTA.
Start by identifying all individuals who qualify as beneficial owners. Collect their:
Organizing and verifying this information in advance will make the filing process smoother and reduce the risk of errors.
Filing is done online through FinCEN’s reporting system. Check to ensure the data is entered accurately and submit filings by the specified deadlines. Assign an additional team member to review submissions for completeness.
Store records digitally and physically to ensure they are readily available for updates or audits. Use reliable document management software that allows for easy organization and retrieval of files. Create a checklist to streamline the process and prevent oversights.
Provide board members with training on the CTA’s requirements, emphasizing the importance of accurate and timely reporting. Consider holding regular refresher sessions to keep everyone informed of changes in the law or reporting processes. Offering a guidebook or written reference materials can also be helpful for ongoing compliance efforts.
Let's explore some of the most frequent questions and misconceptions HOAs have about the Corporate Transparency Act.
Not all HOAs are subject to the CTA. For example, associations with fewer than 20 members or already heavily regulated may qualify for exemptions.
Additionally, non-profit organizations and entities without significant financial activity might also fall outside the scope of this law. HOA boards should consult with legal or compliance experts to determine their specific status under the CTA.
One common misconception is that the CTA gives the government access to every HOA member’s personal information. The act only applies to beneficial owners, and the data is protected under strict confidentiality measures.
Another myth is that filing is overly complex and time-consuming. However, the process can be straightforward with proper preparation and tools.
FinCEN implements stringent security protocols to safeguard submitted information, ensuring it is used solely to prevent financial crimes. Authorized personnel access data submitted to FinCEN only for official purposes; the public cannot view it. Associations should also adopt best practices for data privacy, including regular audits and updates to their internal security systems, to further protect sensitive information.
The Corporate Transparency Act represents a shift in how organizations, including HOAs, approach transparency and accountability. While the new requirements may seem daunting, they are manageable with the right guidance and systems.
Hignell Property Management has been a trusted partner for HOAs for decades. We offer expert support and resources to help boards navigate regulatory changes like the CTA. We aim to empower associations with the knowledge and tools they need to thrive.
If your HOA has questions about CTA compliance or needs professional management assistance, please contact Hignell. Together, we prepare your community for the future.