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Subject: SHOULD HOAs posses Contractors license and Insurance information?

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MaryA1
(Arizona)

Posts:2498

08/05/2008 11:43 AM
Posted By BradP on 08/05/2008 8:04 AM Posted By MaryA1 on 08/04/2008 8:27 PM Posted By BradP on 08/04/2008 4:56 PM Brad, I don't know what's worse, someone putting words in my mouth to make me look bad or that same person taking my comments out of context just to prove he DIDN'T put words in my mouth! I'm not going to take the time to post my exact comments. I KNOW WHAT I SAID!!! And your analogies ARE ridiculous and have NOTHING whatsoever to do with this case. In your msg of 8/3 you make it sound as though I want to absolve the contractor of all blame ("I am so tired of people in this world passing blame"). I never, ever said that! Mary: I am puzzled as to your defensiveness...I have never put words in your mouth, I have not twisted your words. I have interpreted your words based on how they were written, that is my opinion. My analogies are not ridiculous, they were made to provoke thought on this issue, how far does HOA liability extend? If we hire a contractor to perform a job, are we responsible from the time they leave their house until they are home because they wouldn't have driven that course if we had not hired them? I have stated I believe the contractor is liable, they are adults, they damaged, they pay... Furthermore, please go back and reread my post of 8/3...I think you are so wrapped up in the fact that I am out to get you or something that you failed to see my comment about being tired of people in this world passing blame was a generic statement posted in reference to the sue happy society we live in. OK...I am done with this thread...sorry to all for dragging it out. Brad, Oh, no, not so fast, Brad. You may be done, but I'm not. As I said earlier, I don't like having words put in my mouth and I didn't appreciate your dishonest way of trying to prove you didn't do that. If you interpreted my words the way they were written, please excuse me, but I think you need a refresher couse in reading comprehension. Here are a few quotes of mine from a msg Michelle posted: "Legally speaking, IMO, the HOA is responsible to the homeowner and the contractor is responsible to the HOA." "The h/o would have a claim against the assn and the assn, in turn, would have a claim against the contractor. This is why, as you and other have said, the assn should only hire licensed contractors. " " The assn. is the point of contact for the homeowner. If the contractor refuses to pay for the damages, the assn is on the hook because they hired him. It would be up to the assn to go after the contractor. He didn't perform his job as he was hired to do. I doubt the contract stated if he damaged anyone's property while performing his job it would be OK with the assn! " Where did I say the contractor should be left off the hook? And, how can you continue to say your analogies were NOT ridiculous. Neither was about a contractor causing damage to a homeowner's property. This thread is about a contractor causing damage while performing a job for the assn. That's the only type liability we were talking about. I never said the HOA is resp. for the contractor's actions from the time he leaves home until he returns home. There you go putting words in my mouth again! But, he is resp. for any damage he causes while performing the job he was contracted to do. Because you were accusing me of wanting to let the contractor off the hook, I took you "passing the blame" remark as a reference to that. So, I apologize for misunderstanding that remark. I agree with you 100%; we've become much too litigious as a society. OK, now I'm finished!

MaryA1
(Arizona)

Posts:2498

08/05/2008 12:00 PM
Posted By LynnoraR on 08/05/2008 6:49 AM This thread has turned into a bunch of sarcastic one-sided OPINIONS!! Thank God for opinions because you are entitled to think any way you please. IT MAKES NO DIFFERENCE WHAT YOUR OPINION OF WHAT I SAID OR ANYONE ELSE SAID!! At the end of the day... we are going to DO WHATS RIGHT in this community!! This posting was never meant for anyone to really agree on anything, it was opening up a forum just to see how this would be handled in other HOAs. It was NEVER intended for you to tell us how to finalize this decision and whos right and whos wrong!!! Who are you to pass judgement on how this should be handled?? All things are a matter of interpretation and because someone is interpreting something a different way, does not give anyone the right to be snapping and typing with so much sarcasm and judgemental tones! Mary--Doing whats right is not about being AFRAID to "open up a can of worms", it's more important that we don't pay for someone else mistakes. Thats it... bottom line! Don't waste your time in quoting me because I know exactly what I said. Furthermore, if you truly read the Maryland Statures, you would have clearly found that Title 5-406 IS UNDER THE MD ASSOCIATION ACT in addition to other titles under the Maryland Statures that are relevant to our case. This thread has turned into who's getting their final words in and since I am the originator who posted it, I just want to thank you all anyway for your comments. I'm really done with this. Did it help me...NO... it just made me even more weary of dedicating my time to an Assn that will forever remain a THANKLESS JOB!!! I bust my butt to work with others to try and do the right thing for everyone in my community but there will always be a few (examples proven by the individuals in this posting) that will make my efforts a living hell! Lynorra, Yes, this thread certainly did take a bad turn and I apologize for anything I said that came across as being sarcastic. That certainly was NOT my intent. I honestly could not find the Title 5 section you referenced. The MD HOA Act is in Title 11B not Title 5??? I'm sorry this whole experience didn't turn out the way you expected, although I really don't know "what" you expected. You asked questions and we all responded with our opinions. Sometimes people don't really want others' opinions they only want their opinions reinforced. I'm not saying this is what you wanted; just saying what happens in many instances. I don't think anyone was telling you how they thought your association should run its business. We were only offering our opinions on how we thought the situation should be handled. I'm also sorry that we were of no help to you, I, for one, certainly did NOT want to contribute to making your efforts "a living hell". But, for what it's worth, I DO agree with you on one point. Being a board member can be a thankless job. Take care, Mary

SidneyP
(Florida)

Posts:292

08/05/2008 4:49 PM
MARY- {quote}"it is not our direct responsiblity to fix the owners damaged fence." That unless the Board makes sure their is a license and insurance...As was said, this can be canceled at any time but the Board should check often or ask the insurance co. to contact you if this insurance is canceled....If the Board does not keep up w/their files or have no files at all, then YES, it is the HOA's responsibility to have any damage repaired.

MaryA1
(Arizona)

Posts:2498

08/06/2008 8:50 AM
Posted By SidneyP on 08/05/2008 4:49 PM MARY- {quote}"it is not our direct responsiblity to fix the owners damaged fence." That unless the Board makes sure their is a license and insurance...As was said, this can be canceled at any time but the Board should check often or ask the insurance co. to contact you if this insurance is canceled....If the Board does not keep up w/their files or have no files at all, then YES, it is the HOA's responsibility to have any damage repaired. Sidney, Whether or not the contractor has a contractor's license is a moot point. The issue is whether the assn should take care of having the damage repaired or whether it's up to the h/o to do it. I contend it's the resp. of the assn. As I've stated several times; the homeowner has a claim with the assn and the assn, in turn, has a claim with the contractor. I'm not an attorney; so this is only my opinion.

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