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JacqueL (Florida)
Posts: 3
Posted:
I am the secretary on the BOD for our community, a single family residential HOA.
Our board is talking about changing our "Registered Agent" from being our attorney to being our CPA.
I am not sure that would be wise since the RA receives all legal summons, suits, and other SOP's on behalf of the association.
Most of these items would need to be forwarded to our attorney anyway, and would incur an extra step, accruing a passage of time that could be a perceived regrettable lapse in response .
The reason they want to change is that the attorney responds immediately to all inquiries, billing us for each action taken.
Is this not the job of the registered agent? In these times with all the foreclosures, etc., the inquiries are going to be increased and cost us more regardless who takes receipt of the inquiry, right?
What recommendations or experience have you had with similar decisions?
DonnaS (Tennessee)
Posts: 5,671
Posted:
Jacque,

The registered agent is listed in your Articles of Inc on the State level. For what I was told, the only purpose of this designated person is so that the State has a contact person listed for the HOA. My HOA uses our Management Company President as our R.A. Will your attorney charge extra for being the R.A?
PeterB1 (Florida)
Posts: 257
Posted:
Our registered agent is our CPA. Upon receipt of any notice, he immediately forwards the notice to the HOA. In most cases, the documents are scanned and emailed to us. That means we get them the same day as they were delivered. We can email to all Board members if necessary.

We do not find that every document needs to be reviewed by our attorney. If they are delivered to us, we have the discretion of sending some to the attorney - and we are not charged for every review. Should we opt for attorney, email makes that delivery painless.

Does this work - absolutely. We have been doing this for 3 years and our legal bills have dropped significantly.

peter

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