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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

AnitaT (Arizona)
Posts: 18
Posted:
I have been on the HOA Board for 10 years. They have asked me to resign and be their HOA management service.
What insurance do I need? I will only manage one.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Anita,

Will you be performing this work as an employee or as a contractor?

If you would be working as an employee, then you would not normally need any additional insurance as you employer's insurance would protect you against most personal liability.

If you will be working as a contractor, I would strongly suggest seeking the guidance and advice from an attorney. At present, Arizona does not require a license to manage an HOA or condo.

AnnH5 (Florida)
Posts: 304
Posted:
More importantly, does your state require that you hold a CAM license?
TimB4 (Tennessee)
Posts: 21,059
Posted:
As Larry said, you may want to seek the advice of an attorney.

As an independent contractor, I would suspect that you will want to look into Liability insurance and, if you are going to be dealing with collecting/depositing assessments and/or paying bills, you may need a bond (as the Associations insurance will not cover you)
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Don't forget you'll need to withhold the employer's contribution from Social Security, Medicare and any other taxes your traditional boss pays on every employee's behalf. Whatever amount you wish or negotiate to be paid, add about 8 to 10% on top of that gross income.
DavidW5 (North Carolina)
Posts: 565
Posted:
If you will also continue to be an owner in the association this situation is fraught with potential conflicts of interest. You may have the best of motives in considering this arrangement but I believe your community would be making a mistake to agree to this setup.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By DavidW5 on 11/15/2013 6:25 AM
If you will also continue to be an owner in the association this situation is fraught with potential conflicts of interest. You may have the best of motives in considering this arrangement but I believe your community would be making a mistake to agree to this setup.

I agree. HOA's should not hire their own members. What if the board decides the employee is not performing up to their expectations? If they terminate that person's employment they still live there and there will be those awkward moments when the former employee shows up at a board meeting.

Worst case was one described here earlier this year where the president fired two employees who were also residents. The two fired employees organized a recall election and removed the other board members.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By LarryB13 on 11/15/2013 7:40 AM
Posted By DavidW5 on 11/15/2013 6:25 AM
If you will also continue to be an owner in the association this situation is fraught with potential conflicts of interest. You may have the best of motives in considering this arrangement but I believe your community would be making a mistake to agree to this setup.


I agree. HOA's should not hire their own members. What if the board decides the employee is not performing up to their expectations? If they terminate that person's employment they still live there and there will be those awkward moments when the former employee shows up at a board meeting.

Worst case was one described here earlier this year where the president fired two employees who were also residents. The two fired employees organized a recall election and removed the other board members.

I agree.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
There is a clause in my HOA's documents that does allow for this to happen. However, that is ONLY IF the HOA decides to disband. If we should disband, then our property/HOA must be turned over to a Property Manager. Which if you get the proper license, bond, and insurance could indeed be you. It's something that should be looked into as most likely one would have to disband the HOA altogether in order for such set up to work.

There was a point in time that was considered for me as the lack of interest and my participation level. Due to many circumstance, it was basically me running the place at times. It would have made it much "easier" for myself and the HOA to have allowed this. However, disbanding the HOA would have been a bad idea in the long run. That being what if I quit or died? The members lose any type of voting rights or serving on the board. I would be getting paid but also then setting the rate of the HOA dues. Which may have been much more considering had to now add salary into the mix. Volunteer labor is free and thus not a factor in HOA's finances.

I would take it as a compliment but consult a lawyer if you do decide to do this. Understand there are consequences and explain those to the others. People may just turn their backs on you once they realize they are now paying you, no voting rights, and most likely no choice on who is participating in the decisions. You basically lose your board and start over with a business with employees...

Former HOA President
AnitaT (Arizona)
Posts: 18
Posted:
Thank you for all the replies. I have gone back to the Board and reported what has been said.
DS (Washington)
Posts: 6
Posted:
Thank you all for bringing this up and the many things to consider. Our CC+R allow a Board member to be paid for acting as manager. Would that require the same insurance and would they be considered an employee?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Here in lies the additional problem... You would need to know this information as the paid manager. Not answering that question to someone else that asks it, will get you in some issues. So be glad your the one asking it now. This may be kind of a warning that even though you aren't getting paid for the hard work you do, no one else is either. I am not a fan of paying anyone on a HOA board even if it's allowed. I especially disagree with allowing one to NOT pay their dues for their service as well.

This is a question for your HOA insurance company who covers you all as a board. They may guide you best way to go if they will continue to insure you as a paid board member or if it changes your HOA's standing. This may help you find the insurance you will need as well.

Former HOA President

🎯 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