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Subject: Are Directors and Officers of an HOA considered employees
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Author Messages
PeteG3
(Florida)

Posts:9


05/12/2020 11:13 AM  
In Florida are Directors and Officers considered employees even though they are not compensated?
PaulJ6
(New York)

Posts:860


05/12/2020 12:46 PM  
They wouldn't be employees anywhere unless they are paid and receive a W-2.
PeteG3
(Florida)

Posts:9


05/12/2020 1:28 PM  
You are a professional and this is accurate info?
JohnT38
(South Carolina)

Posts:300


05/12/2020 1:39 PM  
Are you expecting respondents to post their resume?
SheliaH
(Indiana)

Posts:3224


05/12/2020 1:52 PM  
Did you check your documents to see if it says anything about board members being compensated? Board members are usually volunteers, so there shouldn't be any compensation, even if some of them might be named board officers, such as the president. It's like the board of trustees of a church - have you ever heard of them getting paid?
GeorgeS21
(Florida)

Posts:2681


05/12/2020 3:40 PM  
Pete,

I am a professional.

The answer is No.
MelissaP1
(Alabama)

Posts:9306


05/12/2020 3:55 PM  
They are volunteers and were elected to those positions. If your HOA is a non-profit and they are not being compensated, then they are just "stewards" of the HOA NOT employees. Employees have W-2's or 1099 forms to show what been paid. May I add dismissing HOA dues don't count either. That's just not a bright idea.

Former HOA President
JaredC
(Texas)

Posts:259


05/12/2020 7:31 PM  
Depends on how you look at it. I was a board president in Texas for a dozen years and still show up in Secretary of State searches as an employee of a corporation. Great fodder for ill-intentioned homeowners who use the misleading information to convince other idiots that something illegal bad is happening when it isn't. Just sayin.

To directly answer your question the answer is No. No actual people with brains or any governing body consider board volunteers as employees unless you are being paid.
DouglasK1
(Florida)

Posts:1500


05/13/2020 5:24 AM  
Posted By PeteG3 on 05/12/2020 11:13 AM
In Florida are Directors and Officers considered employees even though they are not compensated?


Considered employees in what regard? For example, associations don't pay unemployment or workers compensation insurance for directors or officers, so the state doesn't consider them employees for those purposes.

Escaped former treasurer and director of a self managed association.
MarshallT
(New York)

Posts:58


05/13/2020 5:46 AM  
They are not employees unless they are being paid. They are volunteers.
GeorgeS21
(Florida)

Posts:2681


05/13/2020 11:00 AM  
Sheesh - I told Pete I was a professional.

Pete - are you with us?
TimB4
(Virginia)

Posts:16778


05/14/2020 5:56 PM  
Pete,

Per the the IRS:

The term employee includes any individual for whom the legal relationship between the individual and the person for whom the individual performs services is the legal relationship of employer and employee.


Per § 31.3401(c)-1 of the US Code:

Generally the relationship of employer and employee exists when the person for whom services are performed has the right to control and direct the individual who performs the services, not only as to the result to be accomplished by the work but also as to the details and means by which that result is accomplished. That is, an employee is subject to the will and control of the employer not only as to what shall be done but how it shall be done.



Therefore, my opinion would be that Officers would be considered employees by definition. Directors would not.
Often, directors also fill officer positions, this makes the whole issue muddy.

I think a reasonable person would say that if one is not being paid, they are not an employee.
However, that could technically be more of an issue of being a volunteer or a professional (as professionals get paid).


Clear as mud?

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Forums > Homeowner Association > HOA Discussions > Are Directors and Officers of an HOA considered employees



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