Registering your HOA with the State (VA)

Started by JoanneL • 6 replies • 2573 views

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JoanneL (Virginia)
Posts: 22

Posted:

Our current officers have not registered our homeowners association with the State of Virginia for the last 8 yrs. I left the board in 2002 and remember filing a form with the state which listed the officers. What is the purpose of that document?

SusanW1 (Michigan)
Posts: 5,202

Posted:

In Michigan, it's called the Annual Report and is sent to the State dept. that tracks corporations. It lets them know you are still operating as a corporation.

Are you sure it did not get filed? Usually they will send a notice, at least the first time.

You can play catch-up and pay for the past years, at least in Michigan.

PS This is why I like to see it stated in the minutes that these important papers have been filed (Annual Report and IRS forms and any other government required forms. It can be under Treasurer's Report or Manager's Report.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Virginia Corporation Commission uses it to identify the controlling persons of the corporation. Every State has some requirement.

You registered agent (normally the Association Attorney) should have advised the board of this requirement.

Here is a link to VA Corp Commission web site.

On the left hand side of the site, click annual report for more info. It can now be filed electronically.

Tim

JoanneL (Virginia)
Posts: 22

Posted:

We are a small association (9 units with two officers). I was on the board from 1999 to 2002 and had our association attorney file it. The Treasurer revealed to me that he has never filed it nor contacted the association attorney to file it.
When I resigned from the board in 2002, I went over existing contracts and legal documents with the officers. Anything I received pertaining to our association, I turned over to the officers. In 8 yrs, the officers have held only one meeting, despite being told that our CCRs require an annual meeting be held for members to inspect the accounting books.

My follow up question is this: If our association is not registered in VA to reflect the current officers, did the officers have the right to collect dues for the past 8 yrs?

TimB4 (Tennessee)
Posts: 21,059

Posted:

this is similar how failing to file your income tax return doesn't prevent you from earning income in the following year. You just have other issues to deal with.

Failure to file the proper paper work for the county does not mean that the association can not function. However, it does mean that there will be late fees imposed by the State and possible other issues if they also failed to file other paperwork (like taxes). Your covenants are typically bound to the land and it's that document that gives the Association the right to collect assessments.

Tim

JoanneL (Virginia)
Posts: 22

Posted:

Thanks Tim for the update. I will ask them if they filed tax returns on our land.

This association has existed since 1986 and operated just fine with two officers splitting the responsibilities. While I was aware of their laid-back attitude on rule enforcement, at the very least I thought they were keeping the legal documents and vendor contracts current.

TishS (Washington)
Posts: 116

Posted:

This happened in my HOA...caused a huge mess. A new group took over our name..perfectly legal. Then went after our common property...perfectly legal. Do not ignore this!!!

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