No, community associations are not required to file beneficial ownership information (BOI) reports with the Financial Crimes Enforcement Network. The final rule Treasury and FinCEN published in the Federal Register on August 14, 2026 (91 FR 52508) keeps domestic entities out of the definition of “reporting company” under the Corporate Transparency Act, and FinCEN wrote that the blanket exemption “obviates any need to create additional exemptions applicable to subcategories of U.S. entities, such as homeowners’ associations.” Associations that filed a report in 2024 have no ongoing update obligation.
Do HOAs Have to File a BOI Report in 2026?
No association organized under the law of a United States state has a BOI filing obligation, because the final rule removes domestic entities from the reporting-company definition entirely.
The rule took effect on publication, August 14, 2026. FinCEN invoked 5 U.S.C. 553(d)(1) to skip the usual delay, reasoning that a rule which “grants or recognizes an exemption or relieves a restriction” imposes nothing the public needs time to prepare for.
Several commenters had asked FinCEN to write a targeted carve-out for homeowners associations rather than rely on the blanket domestic exemption. FinCEN declined, and said so in terms boards can quote: the blanket approach “obviates any need to create additional exemptions applicable to subcategories of U.S. entities, such as homeowners’ associations.” The practical answer for a board is the same either way. No filing, no deadline, no penalty exposure under 31 CFR 1010.380.
One narrow exception exists. An association formed under the law of a foreign country and registered to do business in a U.S. state would still be a reporting company. That describes essentially no residential community association in California or Washington.
How Did the Corporate Transparency Act Ever Reach HOAs?
The original 2022 Reporting Rule captured HOAs by accident: most associations are incorporated nonprofit corporations formed by a filing with a secretary of state, and none of the 23 statutory exemptions covered them.
Section 501(c)(4) social welfare organizations were exempt. Most community associations are not 501(c)(4) entities, and most file federal returns under IRC Section 528 instead, which left them inside the definition and facing a filing deadline. Entity structure drove the whole problem, which is why the incorporated-versus-unincorporated question matters more than boards expect. Our POA vs HOA guide covers how those structures differ and why the distinction shows up in compliance work.
| Date | Event | Effect on associations |
|---|---|---|
| January 1, 2021 | Corporate Transparency Act enacted as Title LXIV of the NDAA for Fiscal Year 2021 (Public Law 116-283) | Creates the federal BOI reporting regime |
| September 30, 2022 | FinCEN publishes the BOI Reporting Rule, 87 FR 59498, codified at 31 CFR 1010.380 | Effective January 1, 2024 |
| 2023 to 2024 | Industry debate over whether incorporated associations are reporting companies | Most counsel advised boards to file |
| December 3, 2024 | Texas Top Cop Shop, Inc. v. Garland (E.D. Tex.) enjoins enforcement nationwide | Deadlines stayed |
| January 23, 2025 | Supreme Court stays the injunction in McHenry v. Texas Top Cop Shop, Inc. | Requirement briefly revives |
| March 2, 2025 | Treasury announces suspension of enforcement against domestic reporting companies | Enforcement risk drops to zero |
| March 26, 2025 | FinCEN interim final rule, 90 FR 13688, removes domestic entities from the reporting-company definition | Associations stop filing |
| August 14, 2026 | Final rule, 91 FR 52508, adopts the interim rule with limited changes, effective on publication | Exemption is now permanent regulation |
What Should a Board Do With BOI Data It Already Collected?
Destroy it, and record the decision in the minutes.
Boards that prepared a 2024 filing collected driver’s license or passport images, dates of birth, and residential addresses for every director and officer. That data has no remaining compliance purpose, and it is exactly the category of record that creates liability if an association email account or shared drive is breached. Delete the files, delete the copies in the management company’s system, and have the secretary note the disposal date. Records handling sits with the board officers, and our guide to board roles and responsibilities covers where that duty lands.
On FinCEN’s side, no action is required from the association. FinCEN said it expects to identify domestic filers from previously filed reports and delete U.S. person information in a single sweep of its database, working with the National Archives and Records Administration. It will not ask companies to request deletion, will not confirm deletion to any filer, and will post notice on its website when the process is finished. One detail worth knowing: FinCEN said it does not anticipate deleting U.S. person data included in any filing made after February 10, 2027.
Three things a board does not need to do: file a final or corrected report, notify FinCEN of a director change, or track a renewal date. The obligation is gone, not paused.
What Has Not Changed for California and Washington Associations?
Federal BOI reporting ended, but every state-level entity filing an association already owed is still due on its normal schedule.
- California, Statement of Information. Nonprofit mutual benefit corporations file with the Secretary of State biennially. Missing it puts the corporation in suspended status, which can invalidate contracts the association signs.
- California, Civil Code Section 5405. Every common interest development must file the Statement by Common Interest Development Association identifying the association, its officers, and its managing agent, within 90 days of incorporation and thereafter with its statement of principal business activity. The fee is capped at $30. This one is missed constantly. Statutory context is in our Davis-Stirling Act guide.
- Washington, annual report. Nonprofit corporations file an annual report with the Washington Secretary of State under RCW 23.95.255 and RCW 24.03A, including governors, addresses, and registered agent. Failure to file leads to delinquency and eventually administrative dissolution. For the governance requirements that sit alongside it, see our WUCIOA board guide.
- Registered agent, both states. An association that used the CTA project to update its agent should confirm the change actually recorded.
- Federal tax returns. BOI reporting was never a tax filing. Form 1120-H or Form 1120 is still due annually.
- No state BOI regime, for now. California came closest with SB 1201 in 2024, which passed the Senate and then died. As of August 2026, neither California nor Washington requires a beneficial ownership filing from community associations.
Corporate Transparency Act and HOAs: FAQ
Short answers to the questions boards are asking after the August 2026 rule.
Do HOAs have to file a BOI report with FinCEN?
No. The final rule published August 14, 2026 (91 FR 52508) exempts all domestic entities from the definition of reporting company, and FinCEN specifically said the exemption removes any need for a separate carve-out for homeowners associations.
Our association filed a BOI report in 2024. Do we need to update it?
No. There is no update obligation, no correction filing, and no need to report director turnover. FinCEN intends to delete U.S. person information from its database in a single sweep without requiring anything from filers.
Is the Corporate Transparency Act repealed?
No, the statute is still law. FinCEN used its exemption authority under the CTA and the Bank Secrecy Act to narrow the reporting rule so that only foreign entities registered to do business in the United States must report.
Could BOI reporting come back for HOAs?
Only through new rulemaking or an act of Congress. The exemption is now a final rule rather than an enforcement pause, so any reversal would require FinCEN to complete another rulemaking with notice and comment.
What filings does our HOA still owe?
State entity filings and tax returns. California associations owe the biennial Statement of Information and the Civil Code Section 5405 common interest development statement; Washington associations owe the annual report to the Secretary of State; and both owe an annual federal return.
Compliance Tracking Without the Guesswork
The CTA episode cost self-managed boards two years of attention for a filing that no longer exists.
That is the pattern: a requirement appears, deadlines move, litigation stays it, an agency rewrites it, and a volunteer board tries to track all of it between meetings. Professional management exists partly to absorb that cycle, so a board finds out what changed and what to do about it rather than reading the Federal Register. See our HOA management services, or contact us for a review of what your association currently owes at the state level.
