what is a charter

Started by GlenM4 • 14 replies • 1171 views

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GlenM4 (Tennessee)
Posts: 141

Posted:

Currently we have a charter that seems to be out of date. Has location of association as old management service , while developer was building. Is this the same as a resolution? To change it we just need to adopt a new resolution?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Without seeing the document or knowing how it came into existence, I would say that most likely it's similar to a resolution.

AugustinD
Posts: 5,144

Posted:

Does this "charter" give a procedure for amendment?

Also, what exactly is the title at the top of this document you call a "charter"? By any chance does this documen say something like "Declaration," "Bylaws," "Articles of Incorporation," or "Covenants" at the top?

KerryL1 (California)
Posts: 14,550

Posted:

The way we use the word "charter" in our HOA is as a descriptor of a document that describes the authority, duties, etc. of our HOA Committees.

But what your wrote, Glen, is too vague to understand.

JeffT2 (Iowa)
Posts: 880

Posted:

In Tennessee, a charter is similar to the Articles of Incorporation in other states. It must be filed with the Secretary of State and includes the initial registered office.

To change the registered office, go to the Secretary of State's website to find out what to do to change it. Often you can change it online.

You should also do a corporation search to see if your corporation is still active.

Has your community filed the annual report every year?

GlenM4 (Tennessee)
Posts: 141

Posted:

@jeff yes we have , but unsure how to change charter?

JeffT2 (Iowa)
Posts: 880

Posted:

Quote:

Posted By GlenM4 on 04/15/2018 6:26 AM
@jeff yes we have , but unsure how to change charter?

go to this page:

https://sos.tn.gov/products/business-services/business-entity-filings-faqs

scroll down to this:
How Do I Change My Business Address?

You can change the mailing address for a business via e-mail, regular mail, or in person. A change in Registered Agent or principal address requires filing Articles of Amendment and paying the statutory filing fee.

Form 4421 for for-profit corp - Articles of Amendment to the Charter (ss-4421)
Form 4416 for non-profit corp - Articles of Amendment to the Charter (ss-4416)

GlenM4 (Tennessee)
Posts: 141

Posted:

Thanks, I take it changing the charter is something that does not need a community vote just board.

SueW6 (Michigan)
Posts: 814

Posted:

Glen,

You have not made it clear what your "Charter" contains. Does it state a date of organization and that a corporation has been formed?

Do you also have Bylaws?

The "Charter" may be your organizational document and states the purpose and organization, property and membership requirements.

GlenM4 (Tennessee)
Posts: 141

Posted:

Charter is exactly the form 4416

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Glenn

That form appears to be required to file a Charter Amendment. It does not tell you how to make an Amendment. I expect the procedure to make an Admendment is in your docs.

GlenM4 (Tennessee)
Posts: 141

Posted:

I will post it as soon as i can. , but all its says is the previous management company adopted it.

GlenM4 (Tennessee)
Posts: 141

Posted:

attached document, thanks for any help on figuring out what type of vote is needed to change this.

page 1
https://cdn1.imggmi.com/uploads/2018/4/16/0a113c433c2be8fd6535b2440ec6e270-full.jpg

page 2
https://cdn1.imggmi.com/uploads/2018/4/16/fb8d63739313bcc1e89e762f98917d96-full.jpg

TimB4 (Tennessee)
Posts: 21,062

Posted:

This would be what others refer to as the Articles of Incorporation.
This document incorporated the Association in the State of TN.

Being incorporated, you need to comply with the Tennessee Nonprofit Corporation Act.

Since your Charter doesn't identify how to amend, you would follow the procedures within the statute. See: TN Title 48, Chapter 60, Part 1

I would recommend consulting with an attorney versed in Corporate law if your looking at amending the Charter.

GlenM4 (Tennessee)
Posts: 141

Posted:

thanks Tim All i really want to do is remove the previous address and names.

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