HOA and Service of Process

Service of Process is different in every state

The Service of Process Clerk accepts service of process of legal documents (summons & complaints, notices & demands, etc) on behalf of corporations, LLCs and other entities registered with the  Secretary of State.  After receipt, the Agent perfects service by forwarding the documents to the last known address of the Registered Agent.

If the Registered Agent cannot be found:

The Secretary of State becomes the statutory substitute agent for service of process.  They are not required to perform due diligence to find a registered agent.

This situation usually happens when a business entity fails to appoint, update or maintain a registered office and registered agent with the Secretary of State.  Notice to the Secretary of State is usually required on an annual basis or whenever there is a change.

Two main issues when not filing an annual report or updating a registered agent & office with the Secretary of State:

1 – The Corporation may be unable to obtain insurance coverage

2 – Lawsuits may be sent to the Secretary of State instead of the Corporation.  The Corporation may be unaware of the lawsuit while the Statute of Limitations runs down.

 

Many community associations change management companies every few years, or are self-managed

  Many of these associations neglect to review and/or update their registered agent

 However, it is very important to do so.

 

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