Help with my HOA!

February 26, 2025 • By: MNA, Montana Nonprofit Association

While HOAs are nonprofits, most are not charitable c3 organizations. MNA can provide some general guidance, but we are not an HOA regulating authority, and HOAs are not our area of expertise. That said, here are some resources that we can point you to:

Other common questions and answers:

What is the legal minimum meeting interval?

For most c3s with membership, they are required to have at least an annual meeting of the members. After that, meeting frequency of a board can be in the bylaws or just in the policies and procedures for that nonprofit.

What establishes a quorum?

This is determined by the HOA’s bylaws, and quorum for all members versus just board members can look different. The state does provide guidance that 10% is the bare minimum for member meeting quorum. For the board of directors the bylaws should note a quorum that is at least 1/3rd the total number of board.

What kinds of requirements are there for the board with respect to decisions that get made, what kinds of things require votes or not?

This is really tricky – it is dependent on the organization, bylaws, and membership, so there isn’t a hard and fast rule, except that the entire board is responsible for the organization, so most board members would benefit from voting on all major decisions that impact the organization. If an organization has members there are some requirements for what all members, not just board members, should vote on.

What kinds of requirements are there that establish how people join boards?

Same as above, this is determined by the organization’s bylaws. For most membership organizations, members vote on board members. For non-member organizations, the board appoints board members internally.

What kinds of transparency is required from the board regarding meetings, annual reports, etc.?

Again, this depends on whether the organization has legal members or not. If they do, notification of meetings and reports are required. If not, there are fewer requirements. Tax-exempt nonprofits are required, upon request, to provide copies of the three most recently filed annual information returns (IRS Form 990) and the organization’s application for tax-exemption (which includes correspondence between the organization and the IRS related to the application). 

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