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N Cal Attorney
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Question: Does the California Secretary of State require the

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Question: Does the California Secretary of State require the type of UNITED TENANTS ASSOCIATION described below to be a corporation or a non-profit corporation to legally operate in California.

My friend is a senior citizen, living in a government rent subsidized section 8 housing building. The section 8 program pays about 70% of their rent each month. There are about 120 apartments and tenants living in building. .

Managers and their staff treat and talk to the senior’s tenants very badly. Tenants have problems getting management to fix things that are broken or need fixing in their apartments. Most of the tenants are afraid to complain to the office when things are not getting fixed, and are in fear they may be evicted if they complain.

20- of the tenants are not afraid, and would like to unite as a group and fight for their rights and other tenants rights that live in the building, and the 20 tenants would like to call their group the “UNITED TENANTS ASSOCIATION” and get themselves a EIN Number from the IRS.

This group also would like to start a tenant monitoring program in the building, that will greet visitors when they enter the building during the day between 6am and 4pm every day, that is 10-hours per day 7-days a week.

Management said they will give the UNITED TENANTS ASSOCIATION $1,000.00 per month to provide this service. That is about $3.33 per hour. From this money the tenant monitors will each receive a stipend of $50.00 per month that HUD will call a monthly stipend payment.

The city said the type of tenant association that this is, will not need a business license to operate, and the IRS said they do not need to have a business license or be a corporation to get a EIN Number to get a EIN number from them.

Question: Does the California Secretary of State require the type of UNITED TENANTS ASSOCIATION described above to be a corporation or a non-profit corporation to legally operate in California.
Does the California Secretary of State require the type of UNITED TENANTS ASSOCIATION described below to be a corporation or a non-profit corporation to legally operate in California?

No, most tenants unions and tenants associations are not incorporated, and operate as either a partnership or more commonly just as an unincorporated association.

I hope this information is helpful.
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Customer: replied 3 years ago.


Is there any case law to suport the answer or other suporting information you can give or tell me ?

Customer: replied 3 years ago.


is there any case law or any thing else to suport your answer ?

There are a series of statutes in the California Corporations Code that relate to unincorporated associations:

TITLE 3. UNINCORPORATED ASSOCIATIONS
PART 1. GENERAL PROVISIONS
CHAPTER 1. DEFINITIONS ...................................... 18000-18035
CHAPTER 2. APPLICATION OF TITLE ............................. 18055-18070
CHAPTER 3. PROPERTY ......................................... 18100-18135
CHAPTER 4. DESIGNATION OF AGENT FOR SERVICE OF PROCESS ...... 18200-18220
CHAPTER 5. LIABILITY AND ENFORCEMENT OF JUDGMENTS ........... 18250-18270
CHAPTER 6. GOVERNANCE
Article 1. [Reserved] ........................................... 18300
Article 2. Termination or Suspension of Membership ......... 18310-18320
Article 3. Member Voting ........................................ 18330
Article 4. Amendment of Governing Documents ..................... 18340
Article 5. Merger .......................................... 18350-18400
Article 6. Dissolution ..................................... 18410-18420

http://www.sos.ca.gov/business/other/forms/ua-100.pdf is the form for an unincorporated association to designate an office and an agent for service of process but that is not mandatory, see section 18200.

Please tell me if you need more information.
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Customer: replied 3 years ago.

Can they just give them selves the name UNITED TENANTS ASSOCIATION get a EIN number for the IRS, establish rule as to how they are going to operate as a activist group, and not file any documents with
the state to exist and operate daily as a tenant association ?

Yes, but the assciation would normally have to file a fictitious business name statement with the County where it is based.

CORPORATIONS CODE SECTION 18200 says that it may, not must, file with the Secretary of State.

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