Who is responsible re Calif Workers Comp insurance

Linda:

I would think your HOA is responsible for that. Without knowing the size of your subdivision and all the common elements you have to take care of maybe you are better off hiring an independent contractor and making worker's comp insurance their responsibility.

Linda, did your Board hire this contractor or did the MC. If it was the MC does your Management Agreement allow them to hire contractors without Board approval. If so the Board needs to change the Agreement. If not, then the MC may be responsible for this insurance bill.

The President of the Board or the Board's authorized person should sign contracts. The Board should require all bidders on contracts to provide proof of insurance prior to chosing a contractor and signing the contract.

You need to discuss this with your Managing Agent. It appears that your Board needs better guidance.

For your responses; great input guys;
The so-called "contractor" was a Board member at the time! We kept complaining to MC about conflict of interest to no avail. He coaxed the MC into allowing all the work to be done by him or shady sub-contractors. He even came up with at least 2 fictitious business names for different invoices. MC approved anything he submitted as far as I can research the paper trail. He also worked with the treasurer of our Board and she approved and signed checks for every invoice he submitted with only 1 signature instead of the required two. It's such a tangled web now, all of the past Board members sold out and disappeared. We are looking for an attorney who might take the case on a contingency basis, but that is a little down the road. Right now we are struggling to survive with all the bills and nearly being bankrupt. We had to assess 220 homeowners 8K each. I've contacted the police re embezzlement, fraud, and other criminal matters but we want to try the Civil route for breech of contract etc., before the Criminal and try to recoup some of our loss. It's an uphill battle right now. Court system requires so much hoop-hopping. As a new Board, we have changed the way things were done with the previous MC and I think we are checking every vendor to the hilt. The 33K is insult to injury. Please keep advising.I'm only an elementary school teacher--this is so beyond me!

William is right, you definitely need to pursue the criminal aspect. You really need to get the advice of an attorney, my first thought is refuse to pay the 33k bill, but an attorney can better answer the legal ramifications of things like that. Good luck, justice will prevail, will just take time.