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| Tuesday, February 07, 2012
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EricB
(Florida)
Posts:19
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| 08/03/2010 5:31 PM |
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Our HOA just hired a managemnt company to help us. They are requiring all contractors to have workmans comp. or an exemption no matter how big or small a job is. They will not pay them.
My question is, can they stop us (BOD) from hiring someone even if we say they don't need the workmans comp. We never new this was required before the management Co. was hired.
Eric
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JohnB26
(South Carolina)
Posts:487
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| 08/03/2010 5:51 PM |
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ALL employers require workmans comp.
No, the ngmt. co. can not stop you from harming yourself with your own nickle.
If the people you hire don't have comp ins and one of the workers gets hurt -> YOU are on the hook for the worker's compensation.
Your contractor is working on YOUR BEHALF as the OWNER IS ALWAYS RESPONSIBLE.
Your mgmt co is doing an exemplary job ... why hamstring them?
 DOH |
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DennisT
(Ohio)
Posts:109
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| 08/03/2010 5:52 PM |
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It's not a question of Can They but rather Should You. You said it yourself - "Before the management Co. was hired." The management company works for the board, not the other way around. They cannot tell the board what to do. They can advise, recommend, or even quit, but at the end of the day the board has the final say.
That being said, what the management company is providing is professional advice. If the board chooses to ignore it, it could become a factor should an uninsured worker be injured on the property because it would show that the board made an informed decision to not obtain workers comp.
IMHO not getting or requiring worker's comp is a matter of penny wise, pound foolish. My wife works as a magazine writer and she was injured on the job. She was getting something from the filing cabinet and dropped a folder. She bent down to pick it up and forgot that the drawer was open and slammed her head so hard that she blacked out. Thankfully she was OK and the medical cost was just the doctor's visit. Point being anybody can be injured doing any kind of job so you really do need it. I am not familiar with Florida law but it may be required, in which case the board would have a legal obligation to ensure compliance.
If the concern is the cost, check around - here in Ohio HOAs and other similar outfits can get workers comp to cover volunteers and odd job workers for a very nominal cost (maybe $100 a year)? |
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BarbaraD6
(Florida)
Posts:347
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| 08/04/2010 5:15 AM |
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Eric,
DON'T HIRE ANYONE WITHOUT WORKERS COMP!!! It's not worth it.
We turned away several vendors that didn't have workers comp(and didn't need it) on the advice of our insurance agent. One of the vendors actually got workers comp(although they didn't need it) and we hired them.
thanks
Barbara |
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DonnaS
(Tennessee)
Posts:5671
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| 08/04/2010 9:57 AM |
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Eric,
Ignorance of the law is no excuse. Kudos to your new management company for enacting a policy that will save your Board from some trouble if a worker gets hurt doing HOA jobs. It's the law for all contractors to have comp insurance. |
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JohnB26
(South Carolina)
Posts:487
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| 08/04/2010 3:40 PM |
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Posted By JohnB26 on 08/03/2010 5:51 PM ALL employers require workmans comp. No, the ngmt. co. can not stop you from harming yourself with your own nickle. If the people you hire don't have comp ins and one of the workers gets hurt -> YOU are on the hook for the worker's compensation. Your contractor is working on YOUR BEHALF as the OWNER IS ALWAYS RESPONSIBLE. Your mgmt co is doing an exemplary job ... why hamstring them? DOH
to be repetitive |
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EricB
(Florida)
Posts:19
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| 08/04/2010 4:33 PM |
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Thanks everyone for your advice. I now see the importance of having this as a requirement for contractors. I can say we have been blessed for the past 7 years with not having one accident before the mgt.co. We never asked for workman comp. just insurance & license.
I'm told in florida if you are a 1 man company you can get an exemption. I'll look into this also.
Thanks again
Eric
FL |
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MaryA1
Posts:0
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| 08/05/2010 7:04 AM |
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Eric,
I just want to make one very important point, and that is that the PM has NO AUTHORITY to say they will not pay an invoice. That is a decision of the BOD. If the BOD wants to hire a contractor w/o workmen's comp, the PM cannot refuse to pay their invoice. |
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BarbaraD6
(Florida)
Posts:347
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| 08/05/2010 7:36 AM |
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Eric,
You are correct they can get an exemption, but the HOA won't be protected from a lawsuit if they get hurt. I know those companies with only 1 worker usually give the lowest bid but its not worth.
Barbara |
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