Does a Registersted Agent Automatically Become an HOA Officer?

Started by SkuddleM • 8 replies • 1504 views

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SkuddleM (Colorado)
Posts: 62

Posted:

I seem to recall items and articles stating or at least implying that in Colorado, a homeowners association registered agent becomes an officer of the Board by default.

Is this true, and if so, where can I look to find supporting documentation?

GlenL (Ohio)
Posts: 5,491

Posted:

IMO no but I'm sure Roger will correct me if I'm wrong. If you do a search for "registered agent in Colorado" you will find any number of firms offering that service. Usually it is the HOA's attorney or MC that is listed with the state for this. These are the requirements I found on-line:

Any individual at least 18 years of age with a physical address in Colorado may act as a registered agent. Also, any business entity registered with the Colorado Secretary of State may act as agent. As of July 1, 2004, an entity can serve as its own agent. You may NOT appoint the Secretary of State as a registered agent for service of process. You may appoint only one individual or business entity as agent.

Studies show that 5 out of 4 people have problems with fractions

RogerB (Colorado)
Posts: 5,067

Posted:

Skuddle, I am the registered agent for several HOA's in Colorado and am not an officer in any HOA. As their registered agent I do the corporation filing with the Secretary of State of Colorado each year. I also maintain and have available for viewing the official documents of each association for which I am the registered agent. HOAs which do not employ a managing agent use an officer as their registered agent for the corporation.

SkuddleM (Colorado)
Posts: 62

Posted:

I appreciate the replies. I'll continue looking (just saw the silly thing about a month ago - hope I didn't throw it out).

RogerB (Colorado)
Posts: 5,067

Posted:

Skuddle, no need to look further. Being a register agent of a corporation never automatically makes the registered agent an officer. Officers are elected by the Board of Directors, or in some cases by the members. Meanwhile, as I stated an officer can be selected to be the corporation's registered agent.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Skuddle,
Since you live in Colorado and Roger is a registered agent in Colorado, his replies to you are the perfect answer. You couldn't ask for a more definitive one.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Skuddle,

In AZ, every corp is required to have a statutory agent. In some states it's called a resident agent. These are both the equivalent of what CO calls a registered agent. In AZ the purpose of the statutory agent is to give public notice of a person who can be served with legal documents as the agent of the corp. The statutory agent is the person or entity that can be served with summons and complaints filed in a lawsuit. In many instances the statutory agent is the Board Pres (assn with no management co), the prop. manager or the assn. attorney. The statutory agent does not have to be an officer of the assn nor does he automatically become one if appointed the statutory agent.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Same is true in Connecticut.

And by the way, the registered agent must be recorded with the secretary of state and be sure to keep that information current.

If someone decides to sue the association, the notice is sent or delivered to the registered agent. The assumption then is that the association has been served notice of the suit. If the information on file with the secretary of state is out of date, the association may never receive the notice from the agent. In that case, the association never learns of the suit, may never show up in court, and a judgement could be rendered against the association by default.

Keep that information up to date.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Bruce,

Looks like CT and AZ have the same requirements. Only difference is that in AZ the info must be kept current by amending the annual report filed with the Corp. Commission.

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