Pine Mountain Club POA · A member's review · What we were Not told

Who saw the application?

The Treasurer signed a contract to apply for federal 501(c)(4) status, a second corporation was created and dissolved, and our state status as a social welfare group was never explained. Members were not told, and even board members have not seen the application.

$9,500Fee the Treasurer approved on Feb 24, 2026 for a CPA firm to prepare the 501(c)(4) application
23701(f)How the Franchise Tax Board lists us (exempt since 1980), instead of the usual HOA status, 23701(t)
8 monthsHow long a second corporation, "Pine Mountain Club POA," existed before it was dissolved
Not seenDirectors have not seen the IRS application
Tap or click to see the documents (2)
Franchise Tax Board Entity Status Letter, September 19, 2026: the Association is currently exempt under Revenue and Taxation Code Section 23701 f.
Revenue and Taxation Code 23701f: covers civic leagues and social welfare organizations described in 501(c)(4). Part (b) requires their assets to be irrevocably dedicated to those purposes.
The biggest risk

The board would answer to the public, not to us

A social welfare group exists for the general community. To keep that status, our clubhouse, pool and parks would have to be open to the public. That turns the board's job upside down: the people who pay for everything would no longer be the people it serves first.

Our money goes to repairing what the public uses

Every year we would hear how much has to be repaired so the public can keep using our facilities. Meanwhile no one would ask how investing in the clubhouse and our other assets could build their value for the owners who paid for them.

More use means more wear and tear

Opening our facilities to everyone means more people, more use and more damage. Things wear out sooner, reserves are spent faster, and assessments go up.

Accessibility (ADA) requirements

Facilities used only by owners and their guests are generally not covered by Title III of the Americans with Disabilities Act. Facilities open to the public are places of public accommodation, and they can be required to meet its accessibility standards: entrances, restrooms, the pool, parking and more. Those upgrades would be paid by owners.

Lawsuits and insurance

Every member of the public who uses our facilities is a possible injury claim against the Association. Being open to the public also means higher insurance premiums. Owners would pay for both.

Our home values

Private amenities are part of what buyers pay for in Pine Mountain Club. Losing exclusive use of the clubhouse, pool and parks can lower the value of every home here.

Less control over the rules

The Association can fine members, but it has little hold over outsiders. Guest limits or members-only hours could themselves put the exemption at risk.

Security

Opening our facilities invites outsiders into the community. That can mean more vandalism and theft, and higher patrol costs.

Owners would pay for all of it through their assessments, and get less of the use they paid for.

The laws and rules

Laws and rules that have been broken

Each point is based on the records and events described on this page.

The real issue

We keep finding out after the fact

The biggest problem is not one number or one form. It is that members, and even directors, learn about major decisions only after they have happened.

Our governing documents make the Association a private association for its members. The Articles say its recreational functions are "for its members," and CC&Rs § 2.3 gives members, their guests and the Association's invitees the exclusive right to use Association property. If the board wants us to become something else, such as a social welfare group, the proper way is to propose amending those documents and get the approval of at least 55% of members (CC&Rs § 7.4). That has not happened.

In my view, the Gates run the Association as if it were their own private corporation above the law. Decisions are made within a voting majority and kept between them, without checking with the other directors or with the members.

Members voted for Randall Gates and Nichole Gates expecting transparency. What members got instead is a board that acts as if it is above the law. In my view, it is the least transparent board in the history of Pine Mountain Club.

In my view, this is a complete disregard for the law, for the Davis-Stirling statutes and for our own governing documents. Article 8 of our Bylaws, as I read it, requires the board to publish the Association's financial numbers to members. Instead, members have to fight for every record, and even directors are left without the information.

Our tax status was never explained to members

We learned from the Franchise Tax Board, not from the Association, that we are listed as exempt under 23701(f), the state status for social welfare groups. The Franchise Tax Board gives the exemption date as August 1, 1980. Members have never been told what status the Association holds, and the board is now going further by seeking the federal version.

The Treasurer signed for a 501(c)(4) application

On February 24, 2026, Treasurer Randall Gates signed a tax services agreement with Porter & Lasiewicz CPAs. The firm is to prepare the Association's federal 501(c)(4) exemption application (Form 1024-A) and amend prior years' tax returns for a fixed fee of $9,500, plus $2,500 for a Form 990. He is the only person who signed for the Association. Board members have not been given the application and have no information about what it says. Members do not know whether it has been sent.

Tap or click to see the document (1)
Tax Services Agreement, Porter & Lasiewicz CPAs, dated February 12, 2026: Form 1024-A application under 501(c)(4), fee $9,500; Form 990, $2,500. Approved for the Association by Randall Gates, Treasurer, on February 24, 2026.

The firm selling the application is the one advising it

Porter & Lasiewicz CPAs prepares these applications as part of its business. Its proposal says it has prepared about 100 of them for other associations, and it urges the Association to pursue exempt status "if at all possible." The same proposal says that for some associations the payoff is not in tax saved. The advice to apply comes from the firm that is paid to apply.

A second corporation was created and dissolved

We found out overnight that a separate corporation, "Pine Mountain Club POA," had been created and later dissolved. Members were never told. The Association's lawyer says it came from an inadvertent filing in 2025 while the agent for service of process was being updated, and that there are no board minutes or resolutions about it because it was not the subject of board action. It existed for about eight months. The Franchise Tax Board still shows it as active, which can mean its tax filings were never closed out. We do not know whether it owes taxes or penalties, or who would pay them.

Tap or click to see the document (1)
Letter from the Association's lawyer, Tinnelly Law Group, September 18, 2026, page 2. The 2024–2025 and 2025–2026 records are "still in the process of digitizing and redacting." The second corporation, "Pine Mountain Club POA," came from "an inadvertent filing" and "was not the subject of Board action."

Financial records keep not arriving

After six months of written requests, the records still have not arrived: the general ledger, the 2024–2025 financial records and bank statements, the front and back images of the checks, and the IRS examination findings. On September 18, 2026, the Association's lawyer wrote that the 2024–2025 and 2025–2026 records were still being digitized and redacted. They still have not been produced. Each missing record is one more decision members cannot check.

The basics

Two kinds of tax exemption

Both labels mean the Association pays little or no tax. They are written for very different organizations.

Homeowners association
23701(t) · federal 1120-H
Social welfare group
23701(f) · federal 501(c)(4)
Who it servesThe owners who pay the assessmentsThe general community
Clubhouse, pool, parksCan be for members onlyMust be open to the general public for federal 501(c)(4) status (IRS Revenue Ruling 74-99)
Federal returnForm 1120-HForm 990, open to the public
Risk of losing itLow, if it runs as an HOADenied or revoked when facilities are members-only
What does not change

We still vote

A tax label does not take away members' rights. Those come from the Davis-Stirling Act, the Nonprofit Mutual Benefit Corporation Law, and our CC&Rs and Bylaws.

Elections and recallSecret-ballot director elections, recall, and votes on CC&R changes.
RecordsThe right to inspect the Association's records (Civil Code 5200 and following).
Reserve rulesTwo signatures to withdraw reserves; notice and a recorded finding to borrow them (Civil Code 5510, 5515).
AssessmentsMember approval for increases over 20% and large special assessments (Civil Code 5605).
The concerns

Why this status is a bad fit for us

The gates would have to open

Section 23701(f) covers organizations described in federal 501(c)(4), so the federal rules matter here too. To qualify federally, a homeowners association's common areas must be open to the general public, not just owners. The IRS applies this strictly. It has denied associations whose clubhouse, lake and pool were members-only, and one that closed its common areas to outsiders over liability concerns (December 2025). It denied a gated association again in July 2026.

It can be taken away, with back taxes

Approval is not the end of it. In December 2024 the IRS revoked a gated association's 501(c)(4) status because its services benefited only the people inside the gates. After revocation it had to file regular income tax returns. If that happened here, members would pay any back taxes, penalties and fees through assessments.

No one has shown what we would save

An ordinary HOA return already leaves assessments untaxed when they are spent on Association purposes. What 501(c)(4) status mainly saves is tax on interest and outside income. Members have not been shown what that saving would be. Porter's own proposal says that for some associations the payoff is not in tax saved.

The private benefit trap

A 501(c)(4) may not operate mainly for the private benefit of its members. Member discounts, members-only events or any favoring of owners could put the exemption at risk. That is the opposite of what a homeowners association is for, which shows this status cannot really fit us.

Filing costs and automatic revocation

A 501(c)(4) must file a Form 990 every year, with preparer fees. Late returns carry daily penalties, and the IRS automatically revokes the status of any organization that does not file for three years in a row.

Outside business income is still taxed

Money from renting the clubhouse to outsiders, food service and similar activities can still be taxed as unrelated business income.

Conflict with our governing documents

Our Articles and CC&Rs describe a private corporation for its members. Running the Association as a public-serving group without amending them invites lawsuits from members, and the Association pays the legal costs of both sides.

Two sets of rules pulling in opposite directions

The Association would have to follow both the Davis-Stirling Act, which protects owners, and federal exempt-organization rules, which require serving the public.

Lobbying with our money

A 501(c)(4) is allowed to lobby, so the board could spend Association money on advocacy. Civil Code 5135 still bars using Association funds in our own election campaigns.

For balance

What supporters will say

Two arguments will come up. A 501(c)(4) files a public Form 990, which shows officer pay and the Association's finances. And the status saves tax on interest income. Neither one requires giving up our private, members-first Association. The board can already open our books to members under the Davis-Stirling Act, and no one has shown members how much tax would actually be saved.

What we do not know yet

There may be a simple explanation

This could be a filing mistake. It could also mean the Association applied for this status on purpose. Members have not been told which. We do not know:

When I asked this question at a board meeting, I was expelled and escorted out by Patrol. It is a fair question, and members deserve an answer.

What members can ask for

Nine records that would answer it

  1. The 501(c)(4) application prepared by Porter & Lasiewicz CPAs (Form 1024-A), whether and when it was sent, given to every director and to members. Once filed, it must be made available to anyone who asks.
  2. The exemption filing with the Franchise Tax Board (Form 3500 or similar) that claimed 23701(f), its date and who signed it.
  3. The board minutes approving the $9,500 Porter contract that the Treasurer signed on February 24, 2026, and the state filing.
  4. The papers for "Pine Mountain Club POA": the filing that created it, who signed it, the Certificate of Correction and the dissolution filing.
  5. That corporation's tax standing: every return it filed, any taxes or penalties owed, and who will pay them.
  6. Any IRS determination letter and Form 990 returns.
  7. Any amendment to our Articles dedicating assets to public purposes, and the member vote that approved it.
  8. What the Association told the IRS or the Franchise Tax Board about whether our facilities are open to the public.
  9. The IRS examination findings, and if this was a mistake, the plan and timeline to correct it to 23701(t).
Check it yourself

Where this comes from

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  • Franchise Tax Board Public Records Act response, case 26-00841, September 18, 2026 (exempt since August 1, 1980).
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  • Porter & Lasiewicz CPAs proposal and Tax Services Agreement, February 12, 2026, signed February 24, 2026.
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  • Tinnelly Law Group letter to me, September 18, 2026.
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  • Articles of Incorporation (1975), CC&Rs §§ 2.3 and 7.4.
  • California Revenue and Taxation Code 23701f.
  • IRS Revenue Ruling 74-99, as applied in an IRS denial for a members-only clubhouse, lake and pool.
  • IRS determination letters 202452016 (revocation, December 2024), 202551047 (denial, December 2025) and 202631010 (denial, July 2026).
  • California Civil Code 5200, 5510, 5515 and 5605 (Davis-Stirling Act).