Whether HOA tax returns are public record comes down to one thing: which form your association files. An HOA that files Form 990 as a 501(c)(4) social welfare organization must make its return available to anyone who asks, and copies are posted free on the IRS website. An HOA that files Form 1120-H under Section 528 — the choice most associations make — files a confidential income tax return that neither the IRS nor the association has to show you. Even then, state law usually gives members a right to inspect the financial records that sit behind the return.
Two Filing Paths, Two Different Answers
Most HOAs elect to be taxed under Section 528 of the Internal Revenue Code and file Form 1120-H.1Office of the Law Revision Counsel. 26 U.S. Code 528 – Certain Homeowners Associations This is an income tax return. A smaller number of associations qualify as tax-exempt social welfare organizations under Section 501(c)(4) and file one of the Form 990 variants instead.2Internal Revenue Service. Types of Organizations Exempt Under Section 501(c)(4) Form 990 is an information return filed by exempt organizations.
That difference — income tax return versus exempt organization information return — is the entire reason one is public and the other is not.
Form 990: Public by Federal Law
Section 6104(d) of the Internal Revenue Code requires tax-exempt organizations to make their annual returns available for public inspection. The organization has to keep copies at its principal office during regular business hours and let anyone who shows up read them on the spot. Written requests have to be filled within 30 days. The organization can charge a reasonable fee for copies and postage but cannot charge anything for inspection.3Justia Law. 26 U.S. Code 6104 – Publicity of Information Required From Certain Exempt Organizations and Certain Trusts
The disclosure covers the three most recent returns, measured from the later of the filing due date or the date actually filed, including all schedules and attachments.4Internal Revenue Service. Public Disclosure and Availability of Exempt Organization Returns and Applications – Public Disclosure Overview One carve-out: organizations other than private foundations do not have to disclose contributor names and addresses from Schedule B.
You don’t have to contact the HOA at all. The IRS runs a free Tax Exempt Organization Search tool where Form 990 filings can be looked up and downloaded directly.5Internal Revenue Service. Tax Exempt Organization Search Third-party sites such as ProPublica’s Nonprofit Explorer also republish these filings in searchable form.
Which Form 990 your HOA files depends on its size. Associations with gross receipts normally at or below $50,000 file the Form 990-N, a short electronic postcard.6Internal Revenue Service. Annual Electronic Filing Requirement for Small Exempt Organizations – Form 990-N (e-Postcard) Larger ones file the Form 990-EZ or the full Form 990. All three are public.
Form 1120-H: Confidential Under Federal Law
Section 6103 of the Internal Revenue Code treats returns and return information as confidential by default.7Office of the Law Revision Counsel. 26 U.S. Code 6103 – Confidentiality and Disclosure of Returns and Return Information The public inspection rule in Section 6104 only reaches organizations described in Section 501(c) or Section 527. HOAs filing under Section 528 are not in either group.
So an HOA filing Form 1120-H has no federal obligation to show its return to members, prospective buyers, journalists, or anyone else. The IRS will not release it either. This is the situation most homeowners actually find themselves in, because most HOAs file Form 1120-H rather than Form 990. The federal return itself is a closed document.
The information inside is a different story.
What You Can Still Get Through State Law
Most states require HOAs to make their financial records available to members on request. The categories commonly covered include annual budgets, income and expense statements, balance sheets, bank statements, and reserve fund reports. These are the same underlying numbers that would populate a tax return, even if the return itself is not named in the statute.
Whether the tax return is specifically listed depends on how your state defines “financial records” or “books and records.” Some statutes name tax returns explicitly. Others use language broad enough to include them. Either way, the substantive financial picture is almost always reachable through state-mandated disclosure, even when Form 1120-H is not.
State law also governs the mechanics: how fast the association has to respond, what it can charge, and what you can do if it refuses. Response deadlines commonly fall between 5 and 30 days. Copying fees are usually capped at a modest per-page rate, and inspection on-site is generally free. The exact rules live in your state’s HOA or condominium statute, which is worth reading before you make a request.
How to Find Out Which Form Your HOA Files
Check the IRS Tax Exempt Organization Search tool first.5Internal Revenue Service. Tax Exempt Organization Search If your association is listed, it has 501(c)(4) status and its Form 990 returns should be available right there to download. If it is not listed, the association almost certainly files Form 1120-H under Section 528, and the federal return is not something you can obtain.
You can also ask the board or property manager outright which form the association files. This is not confidential information; it is a basic governance question, and a board that refuses to answer is telling you something about its approach to transparency.
Requesting Records From Your HOA
Start with the governing documents — the bylaws and CC&Rs. These often set out the records request procedure, including where to send the request and what format it needs to take. Even if the governing documents are silent or vague, put your request in writing. Name the specific documents you want (“income and expense statements for the fiscal year ending December 31, 2025” rather than “all financial records”), and send it by certified mail or by email with a delivery receipt so there is a record of what you asked for and when.
If a valid request is ignored or denied, your remedies depend on state law. Many states impose penalties on associations that miss the statutory response deadline, and some let a member recover attorney fees if the dispute ends up in court. Several states require mediation before litigation. Boards that refuse to produce records expose the association to real financial liability, and most eventually comply once the legal exposure becomes clear.