Tuesday, October 16, 2012

Non-Profit Organizations and Community Organizations: Beware of Political Campaign Invitations



The Internal Revenue Code and United States Department of Treasury regulations impose "restrictions" on the participation of 501 (c) (3) organizations, religious congregations, educational institutions and community organizations in "political activities". Corporate officers should exercise care and caution in distributing documents produced and printed by political parties, candidates and causes.

For example, a local state senator contacts a neighborhood association leader providing job information for hiring by a "specific" political campaign. The job announcement advertises paid phone bank positions.

To protect its 501 (c) (3) status, a community organization would arguably act in its tax-exempt operational requirements by posting a "NO ENDORSEMENT STATEMENT" on any such materials.

Here is an example of a template disclaimer for a specific political campaign's phone bank job announcement:


Good Neighbors Association (GNA) operates under a 501 ( c ) (3) organization umbrella and does not endorse political campaigns, causes or candidates.  GNA is distributing this employment announcement solely for the purpose of informing residents about employment opportunities.

  
If a 501(c) (3) organization board, officers, leaders or staff decide to inform organization members about volunteer OR paid opportunities on political campaigns, it is advisable that  board and staff members explain clearly that he or she is providing information in an individual role rather than official capacity.

Organizations would arguably protect such communications by carefully controlling the telephone devices, e-mail addresses, websites or other medium used to transmit messages.  Such controls are best used with integrity and honesty. Proceeding on the sides of "caution" and "restriction" is advisable. The appearance of endorsement can create legal issues for 501(c) (3) organizations and jeopardize tax-exempt status and continued eligibility for federal, state, local  and foundation grants.


The Internal Revenue Code and United States Department of Treasury regulations "allow" community organizations to "educate" members about election day information and voter registration.  Prior to statements by political candidates or about political issues at 501(c) (3) organization meetings,press conferences or forums a "NON-ENDORSEMENT DISCLAIMER" announcement is advisable.

Monday, October 15, 2012

Taking the Stress out of Purchasing Distressed Properties








Purchasing property which has been vacant, foreclosed or abandoned can be stressful and complicated. Consultation with a real estate attorney, cooperation with government officials and collaboration with community organizations can eliminate or alleviate the bureaucratic stress. Your decision to purchase a distressed property can make major benefits to a city, community and YOU.  A major key to your acquisition of a distressed property is your determination to distinguish clearly between allies and adversaries in the negotiation, acquisition, renovation and operation processes.







CONSULTATION WITH REAL ESTATE ATTORNEY

Meet with a real estate attorney to ask questions about your options for acquiring a distressed property.

Listen with an open mind about the legal requirements and restraints on your plans, priorities and purposes for the property.

Decide whether you will proceed with representation by an attorney or handle the matters on your own.

Once you retain an attorney, refrain from speaking with other parties. Other parties may sense your resistance and rebelliousness and take advantage of the weakness in the attorney-client relationship. Remember, your former allies may not have the position of adversaries in the negotiation and operation phases of your real property acquisition.










COOPERATION WITH GOVERNMENT OFFICIALS



Federal, state and local laws regulate the purchase and usage of real property. The steps to accessing and acquiring real property require communication and cooperation with government officials including elected legislators, zoning administrators and planning department directors. Do not expect that government officials will cater to your priorities, budgets, wishes, visions, plans, ideas or priorities.

Keep a log of ALL contacts with government agencies. Record dates, telephone numbers, e-mail addresses, meeting notes and follow-up goals.

Federal, state and local governments operate under laws, statutes, regulations and ordinances which advance public policies. Government agencies take into careful consideration the composition and concerns of current property owners, adjacent businesses and neighborhood residents.


COLLABORATION WITH COMMUNITY ORGANIZATIONS








Make contact with the local chamber of commerce, educational institutions and community organizations which promote the well-being and well-doing of the property address which you seek to acquire. Clearly determine your intended use of the property and its projected impact of the community. Zoning boards, planning commissions and grant funders will solicit input and often approval from community members.


COMMUNICATION WITH INTERESTED PARTIES

For multi-dwelling and large scale properties, clearly and simply provide all interested parties with written outlines, structural diagrams and programmatic aims for the property you intend to purchase. Your plans will stall if interested parties are not in agreement with your purposes, plans and priorities. If you keep interested parties in the "dark" they may work to keep you "off the block".