Some states require an HOA to register with that state, and failure to do so could result in the loss of certain rights and protections. For example, an HOA that fails to register with the state could lose their right to defend or initiate any lawsuits. However, more often than not, the infraction is easily rectified by filing immediately and paying any applicable back fees.
What are the requirements for HOA registration?
HOA registration requirements vary from state-to-state. Generally, this requires the association to submit some generic forms and fulfill basic reporting requirements, such as filing taxes and an annual report. In some states, associations must complete two registrations – one general filing that all corporations must file, and one that classifies the corporate entity as a not-for-profit.
Does your state require that an HOA register?
HOA registration requirements vary by state. For example, Florida, Michigan, and Minnesota are among the states that require associations to be legally registered. In Texas, HOA registration is not required. You can check with the Secretary of State’s office to see whether or not your state requires a homeowners’ association to register.
How can you verify that your HOA is registered with the state, if registration is required?
The Secretary of State’s office will have the information on file for any entities that have registered with the state. The information on file can be shared with the any member of the public upon request. If your state is required to register, you will be able to verify all filed paperwork.
Remember, if you reside in an HOA within a state that requires the association to be registered, doing so can protect the association and its members should any issues arise.
