While you were busy watching the Oscars, the Treasury Department announced that it will take no enforcement action for failure to file CTA beneficial ownership reports. Moreover, the Department announced that its upcoming rules will apply to foreign entities only. This means that, unless your HOA is incorporated outside of the United States, the CTA
Community Association News
CTA: Breakin the Law!
By Lindsay S. Smith on
FinCEN is as sick of the CTA as you all are. Yesterday, they announced that no fines, penalties, or other enforcement action will occur for the failure to file a BOI report while they figure out what the heck they’re doing with the CTA and new rulemaking. We should have more information on what those…
I’m out of creative titles. The CTA is back?
Tl;dr*: File your CTA beneficial owner registration by March 21, 2025. Probably.
The CTA has been the subject of various federal lawsuits and as a result, various conflicting rulings. We have focused primarily on the Texas Top Cop Shop cases, but other cases have also resulted in local and nationwide injunctions against the CTA. The…
WLPP Welcomes Rich Johnston!
By Lindsay S. Smith on
Posted in Community Association News, Off the Top
Many years ago, even before Suzanne Leff and I were young, bright-eyed, idealistic baby lawyers, Rich Johnston worked at WLPP. By the time we started practicing, Rich had moved on to his own illustrious firm, Tobey and Johnston, but Suzanne and I have seen his name and work in the firm’s client files for years. …
Just Kidding.
Are you sick of “As the CTA Turns” yet? Yesterday, “to preserve the constitutional status quo,” the Fifth Circuit Court of Appeals vacated the order that stayed the trial court’s preliminary injunction against the CTA and its mandatory BOIR reporting. So, yesterday, when we told you that you have until January 13 to file your…
The 5th Circuit Issues a Christmas Surprise – CTA Reporting is Back
This afternoon, the Fifth Circuit Court of Appeals granted the government’s emergency motion to stay the trial court’s nationwide injunction against the CTA and its reporting requirements, pending a final determination of the appeal of that order. Finding that the government made a strong showing as to the CTA’s constitutionality, and that the lower court…
CTA Blocked – for today, at least
In a memorandum opinion issued on December 3, 2024, Judge Mazzant out of the Eastern District of Texas issued a preliminary injunction against the Corporate Transparency Act, finding that the Act is likely beyond the scope of Congressional authority. Reporting companies do not have to comply with the CTA’s January 1, 2025 reporting deadline, pending…
New Classes: House Bills 1337 and 1233
By Lindsay S. Smith on
As we predicted in 2022, the Colorado legislature has revised provisions that were created by House Bill 1137, which now means that community associations need to again update their Collection Policy.
What does this mean for you? Existing clients that previously received WLPP Collection Policies under House Bill 1137 will be entitled to a revised…
HOA Task Force Meeting Set
By Lindsay S. Smith on
Peter Rabbit’s Paradise: Senate Bill 23-178 Signed Into Law
By Lindsay S. Smith on
Thanks to Senate Bill 23-178, community associations throughout the state will see a significant increase in the presence of mischievous young rabbits in the coming years. Senate Bill 178 requires planned communities with detached structures – single family home communities – to permit the installation of vegetable gardens (which include flowers, fruit, herbs, and…