Tag Archives: religious property

Conditional Use Permits

Conditional Use Permits As with most things in real estate, especially when dealing with Special Use Property, it all comes down to highest and best use. Both of which have their roots in the zoning ordinances. In other words, what uses are permitted on the property. Sometimes a Special Use property is permitted by right, or “Grandfathered”. Other times, a Conditional Use Permit is required. Although a permit sounds simple enough, don’t let the name fool you. A Conditional Use Permit can be a long and expensive process with no […]

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Premises/Trespasser Liability

Premises/Trespasser Liability Considering the current trend, trespass on church property has been steadily increasing. Whether your church is accepting of those individuals or not, there are a few things you need to know regarding your liability. First and foremost, your church has the legal duty to implement and maintain measures which reduce the foreseeable risk of harm that may come to others; trespassers or otherwise. Liability: When someone suffers and injury, regardless of whether they are a tenant, contractor, church member, visitor, or trespasser, your church may be liable. Although […]

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How Zoning Code Effects Church Property Use

Municipalities establish a General Plan which contains the overall land use scheme by restricting some areas to particular usages. These governmental actions must not be arbitrary, capacious (unreasonable) or vague. Zoning regulations, or codes, must be reasonable and bear a rational relationship to the objectives of the city, while taking affirmative measures to provide housing for all. Municipalities have been given reasonable control over the private use of land from the state through enabling statutes for the protection of the health, safety, morals, and general welfare of its citizens. Legal […]

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Churches and Unrelated Business Income Tax

Churches and Income Tax This article briefly describes how Unrelated Business Income Tax (UBIT) affects churches, although much of what follows generally applies to all tax-exempt organization. Defined: According to the IRS, Unrelated Business Income is income from a trade or business, regularly carried on, that is not substantially related to the exempt purpose that is the basis of the organization’s exemption. An exempt organization that has $1,000 or more of gross income from an unrelated business must file with the IRS and must pay estimated tax if it expects […]

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Churches and Property Tax Exemptions

Church Property Tax ExemptionsCounties throughout California are looking to churches as a way of increasing their revenue. One way to do so is by revoking all or part of an organization’s property tax exemption. Generally speaking, once a property has been classified as exempt, there is no specific guarantee the organization will continue to be exempt from the general tax levy against their property.In General:Churches are not exempt from special assessments, but only from taxes. Taxes are imposed on both real and personal property; with very few exceptions, special assessments […]

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Church Officer and Director Liability

Liabilities of being a Board MemberMore often than not, I attend church council meetings that require some action be taken by the church board that results in some form of a corporate resolution. In many cases, the board members present can’t tell me who the officers or directors of the corporation are, or whether or not a quorum is present to ratify their actions. In my attempt to walk the board through the legal impact of their corporate bylaws, many are surprised to hear of the effect that a particular […]

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Church Sale in Westminister

Bushore Church Real Estate

With us, you receive a full and experienced, in-house representation for all of your legal, corporate, and real property needs. Our company specializes in nearly all matters concerning Church Real Estate, including religious, nonprofit and tax-exempt organizations. We are a father and son California Real Estate team,  having offices in both northern and southern California. […]

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