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ShirleyC (California)
Posts: 117
Posted:
Our board is refusing to require our gardener(contracted) to have workers comp insurance. The state of California workers comp enforcement people have told the gardeners they cannot work without workkers comp insurance and asked them to leave the premises and not return until they provide proof of insurance. Since they have no money the board president paid the w/c premium and supplied a copy to the state ........

This coverage is no longer in force. We have just recently called the state w/c again.

What can we do to force this issue?
GloriaM (North Carolina)
Posts: 829
Posted:
Shirley:

As a polcy the board should require all contractor's working for the HOA to have insurance, especially WM comp. I have never heard of the board/HOA paying WM comp for a contractor.

It seems it may be time for a new landscaper, one that has the proper insurance. If one of the employees hurt themselves on your property while performing work for the HOA and the Owner does not have WM comp, then the HOA could be held liable for the landscaper's employees injuries. Time for the board to re-think!
GloriaM (North Carolina)
Posts: 829
Posted:
"policy" sorry
SusanW1 (Michigan)
Posts: 5,202
Posted:
If the company is a sole proprietor, he/she can file with the state for coverage (at least in Michigan) The state offers a special form for them.

Make sure SOMETHING is on file, or you can get fined or your insurance will go up!

(Are there illegals working for this company? Why no coverage? Do they do work for other HOAs?)
MicheleD (Kentucky)
Posts: 4,491
Posted:
ShirleyC said: "Since they have no money the board president paid the w/c premium and supplied a copy to the state ........ "

This stuns me!

Did the board president pay the workers comp premium out of his own pocket, or did he use HOA money to pay it?!

There is no way our board would approve of footing the bill for a contractors insurance obligations!

We had one request this once when we hired a police officer as part-time security in the summer. We (and our insurance provider) required that the officer be bonded and insured, since he would be working on his own time and not under the auspices of the metro police force.

She wanted us to pay for his bonding and what have you.

We voted no and hired someone who already had it.

Very suspicious for the board president to do that!
ShirleyC (California)
Posts: 117
Posted:
The board president wants to continue using the same gardener..........so he paid the premium out of his own pocket.....a whole other issue. He also pays for landscaping that goes above the budget and he bought pool furniture that we have to wait until the board decides to put it out before we can use it.

Anyway issue at hand is the work comp coverage.

ShirleyC (California)
Posts: 117
Posted:
The board president wants to continue using the same gardener..........so he paid the premium out of his own pocket.....a whole other issue. He also pays for landscaping that goes above the budget and he bought pool furniture that we have to wait until the board decides to put it out before we can use it.

Anyway issue at hand is the work comp coverage.

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