Who Should Be Your Association’s Registered Agent?

Condominium, homeowner (HOA), and townhome community associations are typically organized as nonprofit corporations under their respective state law. This does not mean they are charitable organizations. Rather, it means they are not designed to generate profit for shareholders or owners. Their legal purpose is to maintain common property, enforce governing documents, and manage community operations for the collective benefit of all association members.

Being a nonprofit corporation also means that the association must register with the state and follow corporate formalities. These requirements include filing annual reports, paying applicable fees, and maintaining accurate contact information for the association’s registered agent on file with the Secretary of State.

What Is a Registered Agent?

A registered agent is the official contact person or entity authorized to receive legal documents on behalf of the association. This includes:

• Lawsuits or service of process (ex. if the association is sued)
• State correspondence regarding annual reports or corporate status
• Government notices or compliance filings
• Requests from financial institutions, title companies, or vendors seeking confirmation of the association’s good standing or corporate authority
• Municipal notifications such as building code violations, inspection results, or ordinance citations
• Inquiries from mortgage lenders or third parties representing prospective buyers seeking documents such as lender questionnaires, budgets, financial statements, or litigation disclosures

The registered agent’s name and address must be kept current with the Secretary of State. If a notice or lawsuit is served to the registered agent, the law treats it as if the association itself has been notified, making this role critically important.

Failure to maintain an accurate registered agent listing can lead to missed notices, default judgments, or loss of good standing.

Why the Association’s Attorney Should Serve as Registered Agent?

Because board members are volunteers, they typically do not have the time or expertise to manage legal filings or deadlines. A missed lawsuit or unfiled annual report can cost the community association money, credibility, and expose the board to potential liability if deadlines or legal notices are ignored or mishandled.

So while some associations name a board member or property manager, there are several reasons to designate the association’s attorney as the registered agent.

1. Timely and Proper Handling of Legal Matters: Attorneys are trained to recognize and respond promptly to legal documents. If a lawsuit or summons is delivered, your attorney will immediately take the appropriate steps to protect the association’s rights and meet filing deadlines.
2. Consistency and Reliability: Board members and property managers often change over time. When turnover occurs, registered agent information can easily become outdated, potentially leading to missed notices or administrative dissolution. Having the attorney serve as registered agent ensures that contact information remains current and stable.
3. Confidentiality and Professional Oversight: Legal correspondence should be handled privately and securely. When the attorney’s office receives official documents, they are processed confidentially and forwarded appropriately, ensuring sensitive matters are not discussed prematurely within the community.
4. Streamlined Communication with the State: Many attorneys maintain systems for tracking corporate compliance deadlines such as annual report filings or renewals. This helps prevent lapses in good standing with the Secretary of State.
5. Reduced Risk of Missed Notices: If an association uses a volunteer or property manager’s mailing address for its registered agent, the board risks missing critical legal notices during vacations, transitions, or management changes. The attorney’s office can provide a consistent, professional point of contact.

Legal Resource

Serving as a registered agent may seem like a small administrative detail, but it carries major legal implications. By appointing the association’s attorney as the registered agent, boards and property managers can ensure that legal correspondence is handled quickly, accurately, and with the professional attention it deserves.

Do not hesitate to contact our law firm if your association has questions regarding a registered agent, not-for-profit registration, board member responsibilities, or other legal concerns.

Please call 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2026 Kovitz Shifrin Nesbit, A Professional Corporation.