What role should the HOA play?

Started by JosephH2 • 8 replies • 1598 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JosephH2 (Pennsylvania)
Posts: 57

Posted:

Our HOA is responsible for hiring a landscaper to mow all lawns in commons and individual lots.

Last week the mowers tore a chunk out of a homeowner's walkway leading up to their front door.

As President of our HOA, I'm not sure how the HOA should be involved when the landscaper we hired causes damage to a homeowner's property. Should the HOA get in the middle of this or let the homeowner deal with it directly with the landscape company?

Joe H

TimB4 (Tennessee)
Posts: 21,061

Posted:

Since the contractor was an agent for the HOA, the Association should, at the very least, mediate the issue and make sure that the contractor follows through with any repairs.

Example:

My Board hired a tree contractor to take down a tree. The work damaged a fence. The Contractor made the initial contact with the owner. The Board also made contact with the owner and let the contractor know that we were aware of what happened. The contractor had already set a date with the homeowner when they would repair the fence. On that day, a member of the board walked over while the work was being done and then followed up with the homeowner after the fact to make sure they were happy.

This, in my opinion, is the minimum the Association should do.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This is why the HOA should only hire contractors licensed and insured. The landscaper's insurance is to cover this NOT the HOA's. The HOA's responsibility is to inform the contractor of the damages. It is then the Landscape's insurance that should deal with the situation.

Former HOA President

JM10 (California)
Posts: 503

Posted:

Quote:

Posted By MelissaP1 on 11/18/2012 5:56 PM
This is why the HOA should only hire contractors licensed and insured. The landscaper's insurance is to cover this NOT the HOA's. The HOA's responsibility is to inform the contractor of the damages. It is then the Landscape's insurance that should deal with the situation.

I agree with Melissa on this one and wish someone like Melissa had been there to explain to my former HOA the importance of having a licensed and insured contractor along with an actual contract.

FredS7 (Arizona)
Posts: 927

Posted:

1. What Joseph said.

2. As far as I know landscapers aren't licensed.

3. You would have to determine if insurance covers damage caused during work. I suspect most times insurance covers injuries to workers, etc.

FredS7 (Arizona)
Posts: 927

Posted:

1. I mean Tim.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Let me add that my earlier post was what I thought the minimum the Association should do.

As Melissa posted, if the Association had performed it's fiduciary duty and made sure that the contractor had proper liability insurance (perhaps even requesting that the Association be named as an additional insured), then there really is nothing more they should have to do.

However, if the Association failed to perform it's fiduciary duty, and the contractor had no insurance, then the Association would be the one ultimately responsible to repair the damage and then go after the contractor for reimbursement.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

We actually have it written in our CC&R's that our landscaping company must have a million dollar insurance policy. Which is about the minimum insurance a company can get. Since our HOA ONLY responsibility is to technically provide lawncare, this is why this requirement is in the documents.

Our HOA had several complaints about lawncare damages all the time. Some even stating that's why they didn't pay their dues yada yada...However, once confronted with them contacting the lawncare people directly, they wouldn't say a word. Just wanted to make it a HOA issue.

It's a fine line between the two. So make it clear with BOTH the lawncare people and the HOA membership that damages are handled through Lawncare NOT HOA. The HOA may report it to them on the owner's behalf or take note of it for future re-hire considerations. That's it.

Former HOA President

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Well, unless someone saw the damage occur, when it occurred, you technically could spin your legal wheels proving the landscaper was the sole cause of the damage.

The landscaper should be professional enough to make the repair. If not, the contract will come due soon enough and the HOA can find a more ethical vendor or possible be able to escape the contract w/ cause.

I wouldn't fight too hard or worry over one instance of damage. It will get fixed or changes will come in due time, making the damage very very expensive to the vendor.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here