What is agent of record

Started by PeggyH • 4 replies • 1398 views

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PeggyH (South Carolina)
Posts: 36

Posted:

Our past president was told that the Agent of Record for our Hoa was someone who was no longer alive. He said he was going to go on to a website and apply for an Agent of Record. He never did this, how do we set up a new Agent of Record for our HOA. Also just what does an Agent of Record mean.

I'd also like to know if every HOA or POA is a non profit orginization, or does the association need to file papers for that?

Thanks in advance for everyones input.

GeraldT4
Posts: 1,022

Posted:

PeggyH - I've always thought Agent of Record as the Management Company, in other words someone hired to act on behalf of the Association. An HOA in New Jersey is subject to NJ Non Profit Corporation Act at NJSA 15A:1.1. and the HOA needs to file papers for that within the state.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Peggy,
Yes, the Agent of Record is someone(can be anyone) who's name is on the Not for Profit Corporation papers filed with the State that you live in. Yes, usually it is the original management company named by the Developer and it seldom gets changed as we move on to other management companies. It is something that the State needs to have to send annual paperwork to otherwise, they have no addresses for the HOA.

Yes, every HOA, POA or COA should be not for profit corps. Your Articles Of Incorporation is the required filing with the State. You sure would not want to be just a corporation because of taxation and paperwork among other issues.

MicheleD (Kentucky)
Posts: 4,491

Posted:

In our case, the Agent of Record (otherwise known as: Registered Agent) is listed on the corporation in the Secretary of State's office and it is this person to whom court filings, etc. are directed. In other words, this person must be able to accept legal documents and notifications, tax-related documents, litigation (service of process) documents, annual report forms, etc. from a state office on behalf of a corporate entity.

It can be one of the officers or it can be an attorney for the organization, for example. The only restrictions is that the person (or entity - such as a registered agent service) must be located and available at a PHYSICAL STREET address (not a post office box), within the state of Kentucky during normal business hours.

Whenever the registered office or agent of a corporation in Kentucky changes, the corp must (by law) change the registered agent or office by filing a Statement of Change with the Secretary of State. (there's a fee, but I don't know what that is off the top of my head. Generally nominal.)

At any rate, if your Agent of Record (or Registered Agent) is deceased, it's a good bet that you'll need to select a new one.

PeterB1 (Florida)
Posts: 257

Posted:

If you are a corporation, I would assume that you are registered with the State. Usually, that registration process states who the "Registered Agent" is for the corporation.

If there were a buyer for one of the properties in your association, who would they go to to determine if dues were paid up-to-date. The Registered Agent can be you 'face to the world'. Our Registered Agent is our CPA firm.

Cheaper than our attorney!

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