JimR26 (Alabama)
Posts: 27
Posts: 27
Posted:
Can anyone tell me if a HOA has any proprietary rights to it's name and how would a HO know?
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HOA Name Recognition
Started by JimR26 • 4 replies • 1596 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
The HOA if incorporated would incorporate it's name. The HOA name would have "inc" at the end of it.
Former HOA President
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
You can look up AL corporate names here:
http://www.sos.alabama.gov/vb/inquiry/inquiry.aspx?area=Business%20Entity
Whoever registers their HOA first with the department of state can challenge a HOA who later tries to use the same name.
http://www.sos.alabama.gov/vb/inquiry/inquiry.aspx?area=Business%20Entity
Whoever registers their HOA first with the department of state can challenge a HOA who later tries to use the same name.
Sikubali jukumu. Read all posts at your own risk.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Keeping in mind that if the Corporation is administratively dissolved by the State, the name is likely once again up for grabs.
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
An HOA has some proprietary rights to its name. Most HOA's are incorporated and the state's statutes would normally control a part of the naming. If a business or organization name includes words such as "Incorporated," "Association," or "Limited" then one may assume that it is incorporated. The state agency controlling corporations should be able to confirm whether the organization is actually incorporated.
State laws usually prohibit more than one organization from using the same business name. In my state (and I assume in others) an unincorporated business may register its name to prevent others from using it. Also, when a person does business under a fictitious name, such as Joe's Bar & Grill, he may have recorded it with the county.
How would you know? If the name does not indicate that it is incorporated then you have to do some research to find out if the name is registered or recorded.
In the world of HOA's this issue often arises when someone sets up a website or Facebook page using the name of the HOA. If you are a member of the ABC HOA and you register a website called ABC-HOA.org the association may have a cause of action to force you to change it. The test is usually whether a reasonable person would think the website is the official organ of the association.
The association does not have unlimited power to restrict the use of its name, especially by members. They cannot prevent you from saying you are a member of the ABC HOA. You can get around the confusion aspect of the name by clearly stating your relationship in the name of a website. For example, "Disgruntled-Members-of-ABC-HOA.org" or "ABC-HOA-Members.org" would be legitimate uses of the name without infringing on the association's right to its own name.
State laws usually prohibit more than one organization from using the same business name. In my state (and I assume in others) an unincorporated business may register its name to prevent others from using it. Also, when a person does business under a fictitious name, such as Joe's Bar & Grill, he may have recorded it with the county.
How would you know? If the name does not indicate that it is incorporated then you have to do some research to find out if the name is registered or recorded.
In the world of HOA's this issue often arises when someone sets up a website or Facebook page using the name of the HOA. If you are a member of the ABC HOA and you register a website called ABC-HOA.org the association may have a cause of action to force you to change it. The test is usually whether a reasonable person would think the website is the official organ of the association.
The association does not have unlimited power to restrict the use of its name, especially by members. They cannot prevent you from saying you are a member of the ABC HOA. You can get around the confusion aspect of the name by clearly stating your relationship in the name of a website. For example, "Disgruntled-Members-of-ABC-HOA.org" or "ABC-HOA-Members.org" would be legitimate uses of the name without infringing on the association's right to its own name.
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