workers comp insurance requirement/enforcing

Started by ShirleyC • 4 replies • 1260 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

ShirleyC (California)
Posts: 117

Posted:

Our BOD is replacing our cuurent gardeners (with w/c ins) with their personal gardener who has no w/c insurance.

Is the HOA required to use workers with w/c if the HOA does not carry w/c ins?

If it is a requirement how do we (association members) force the board to comply?

RogerB (Colorado)
Posts: 5,067

Posted:

Shirley, I know of no requirement that landscaping companies must carry Workman's Compensation Insurance. However, it is prudent for any Board require a contractor to carry liability and W/C insurance. Some HOAs carry W/C in addition to requiring it of their contractors.

I don't know how the members can force the Board. The members can suggest and they can call a meeting and take a vote. It is the Board's decision; the members can elect and remove Directors.

Jadedone4 (Virginia)
Posts: 495

Posted:

I agree with Roger.. one question, you mentioned "replacing".. does that mean that the new gardner is an HOA employee? If so, you more than likely would be required (some state/local laws) to carry W/C insurance.

BradP (Kansas)
Posts: 2,640

Posted:

Shirley:

I think one of two things needs to happen, probably in this order in my opinion to protect yourself.

1) you need to develop a contract with this person that clearly states they are an independent contractor, which means they are not an HOA employee. In that contract it should be stated that you require them to carry liability insurance.

2) you should have a certificate of insurance from them and they should name the HOA as additional insured on their policy.

GloriaM (North Carolina)
Posts: 829

Posted:

Shirley:

I would never recommend that an uninsured contractor work on the grounds hired by the HOA. Roger is correct that MC's usually recommend that HOA's carry workers comp., However while in the employ of the HOA using an insured contractor is just the wise thing to do.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here