Is it better for a homeowner association to accept or refuse a registered letter sent to the registered agent for the association if the association assumes (based on the sender's name or the recent c

We recommend that associations accept registered letters. If the registered agent refuses to accept a registered letter, the sender may still give "notice" in accordance with the terms of the Colorado Revised Nonprofit Corporation Code ("Code") and the bylaws of the association. Under the terms of the Code, service of notice or demand may be accomplished five days after mailing with first class postage prepaid. Actual knowledge of a demand gives the association an opportunity to respond. If the board is uncomfortable responding, it may seek legal counsel as to how best address the issue. Resolving disputes at an early stage may save the association money in the long run.

Community Essentials - February 2004