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MC4 (Florida)
Posts: 29
Posted:
Hi, I need some advice I am a member of a Board and sometimes we have odds and end jobs that need to be done in the community. We cannot find too many volunteers. We have tried to hire an individual that does handy work but is not license and pay him for his time and work, but our management company does not allow it, because they claim that everyone must fill out a W9 and must have insurance. I was told by another community that they do hire people like this and the sign a waiver. Does anyone know about this. We are tired of paying a company hundreds of dollars for simple and lousy work when we can pay someone half the price and get a better service. I am in the State of Florida.
DonnaS (Tennessee)
Posts: 5,671
Posted:

MC4,

Florida law says that all contractors must be licensed and have insurance. M.C is correct. Someetimes these small maintenance jobs just are hard to deal with because of the expense in hiring a licensed person to do piddley work. I still think that members of the community should or could change a light bulb in a hallway as long as they are not at risk for a fall of something dangerous.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
We have tried to hire an individual that does handy work but is not license and pay him for his time and work, but our management company does not allow it, because they claim that everyone must fill out a W9 and must have insurance. I was told by another community that they do hire people like this and the sign a waiver.


The waiver is a worthless piece of paper. If the guy gets hurt and is dumb, he may not sue because of the waiver, but it wouldn't hold up in court. Yes, its against the law to hire this guy, but that is your choice.
SheliaH (Indiana)
Posts: 6,964
Posted:
Your management company is correct on the W9 and insurance information, but since they work for your HOA, it seems to me it's not their place to allow or disallow anything without the board's ok. They're probably more concerned about losing money, as you suspect.

Our community has a handyman, who had no trouble signing a waiver and our management company takes care of the W9 stuff - it's worked quite well, as he doesn't live far from the community and when something needs to be done, either our board president or property manager calls him, and he does good work (usually things like clearing weeds - anything that requires a license, we hire a licensed professional)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
PetunkaM (Florida)
Posts: 1,009
Posted:
We do the same thing as Shelia. In addition we bring in a few workers – if you know what I mean- to spread mulch or a major clean up, for instance.
I also wonder where in the world the MCs are getting an idea they can tell the Association what they can or cannot do?

PS: You may also want to read your liability insurance.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We used to have a resident "Handyman". Long story but I wouldn't do that over again. It's ALWAYS best if it can't be done by volunteer labor, to hire a licensed/insured contractor. There are businesses out there that specialize in handyman work. I use Mr. Handyman who charges about $200 for 2 hours of work and about $100 for any additonal hours if needed. (It depends on location/franchise owner). They do anything you ask them to do in those few hours. Other handyman services sometimes charge by the job. So you have a choice between how you want them to work by job or by list. Most small jobs don't take but a few minutes. The more professional companies wear uniforms so people will feel more comfortable with them.

Yes, it's not a good idea to not have someone licensed/insured to do work. However, there are times that you can enlist voluteer labor from the members. I used to have "Volunteer day" once or twice a year. It was just a basic cleanup and maybe paint an area type thing. It promoted people taking care of the area and working together. However, no jobs were done if it required a professional. Liability insurance can sometimes make you over worry and not do anything. I say what else is it there for if you can't get anything done?

Former HOA President
RichardP13 (California)
Posts: 1,767
Posted:
If a Board requested that a non-licensed worker perform work for the Association we would request that the Board sign a waiver releasing the Association from any liabilty. It is done to protect the management company but more importantly, the Association, as members of the Board change and have different opinions of what should be done.
JeanI (Louisiana)
Posts: 112
Posted:
Hold harmless agreements are probably unenforceable. Let the small jobs accumulate and then hire a licensed and insured handyman to do the work A w-9 ONLY NEEDS TO BE ISSUED TO UNINCORPORAYED CONTRACTORS who are paid in excess of $600.00 per year.
BradP (Kansas)
Posts: 2,640
Posted:
never under any circumstances should you hire someone without insurance and someone who isn't properly licensed to do the work. Waivers are worthless and anyone can swear they won't sue until the point where they can't work anymore and make a living because of an injury that happened while working for you.

It just isn't worth saving a few bucks to jeapordize the entire HOA and its members. My opinion though
LarryB13 (Arizona)
Posts: 4,099
Posted:
In AZ we have a statute that allows handymen to perform something like $900 worth of work without a license. You might check Florida statutes to see if there is a similar exemption.

My experience has been that if I hire a contractor I will get an over-priced poorly-executed job. I avoid them whenever possible.

You might look into hiring an on-call employee. As an employee, he needs no license. You won't be able to sue him if he does lousy job but he will not be able to file a mechanic's lien on your property. You will have to withhold taxes, pay SSA, unemployment, and worker's comp. In reality, this is not very expensive, especially when you consider that you can pay maybe $15 an hour to your employee instead of $100+ per hour for a contractor. By hiring a person as an employee, he does not need to have a contractor's license. At the end of the year he gets a W-2 instead of a 1099.

I would advise against hiring someone who lives in your HOA because of possible repercussions if you have to fire the employee.
LarryB13 (Arizona)
Posts: 4,099
Posted:
In AZ we have a statute that allows handymen to perform something like $900 worth of work without a license. You might check Florida statutes to see if there is a similar exemption.

My experience has been that if I hire a contractor I will get an over-priced poorly-executed job. I avoid them whenever possible.

You might look into hiring an on-call employee. As an employee, he needs no license. You won't be able to sue him if he does lousy job but he will not be able to file a mechanic's lien on your property. You will have to withhold taxes, pay SSA, unemployment, and worker's comp. In reality, this is not very expensive, especially when you consider that you can pay maybe $15 an hour to your employee instead of $100+ per hour for a contractor. By hiring a person as an employee, he does not need to have a contractor's license. At the end of the year he gets a W-2 instead of a 1099.

I would advise against hiring someone who lives in your HOA because of possible repercussions if you have to fire the employee.
DonnaS (Tennessee)
Posts: 5,671
Posted:

MC4,

"but our management company does not allow it, because they claim that everyone must fill out a W9 and must have insurance."

When you hire a property manager, you also hire them for the expertise , knowledge and guideance. Yours has told you that everyone hired by your HOA must follow the law and that includes contractors having a State license. Good for them!! This is what you pay them for and that is to tell the Board when they are not following the laws and how to stay out of trouble.

Florida has thousands of "handymen" who work out of the back of their vans, many are good and many more are not. Many are undocumented and are good at spreading mulch for a bargain price. So what you probably must do is to do a thorough search for some retired guy who keeps up his license and can do those little maintenance jobs that pop up continually. They probably will not be standing on every streeet corner but finding a good one will be worth the effort.

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