President hires contractor with revoked license to become handyman

Here's the situation. I am brand new on the HOA Board of Directors. Attending the first BOD meeting and already I see big-time trouble! I may be wrong and, therefore, would like to throw this out to you.

The President has hired a guy who has a revoked contractor's license to work on our skylights and roof! This fellow he hired is also the 1st Vice President and on the ARC Committee. I figure, the "employee/VP/ARC" guy, told the President that his license was "INACTIVE" and, therefore, he needed to hire him as an employee at $35.00 an hour. No one voted on this, President took it upon himself to do this.

At the first meeting I attended I question this employee business??? Can you be on the Board, both VP and ARC Committee, and be an employee at the same time? What is your License @? Well, I hit a nerve, big time! This VP told me he didn't have to give me that information. When I insisted, he did shout it out. I looked it up and this license is REVOKED!

I haven't said anything yet because I'm not sure if I'm right; however, this seems like a mess to me. In the first place he is doing work over $500. He put in a sliding glass door in a property that he knows is the HOA's nemesis. When I asked if this property owner, who is running a B&B out of her home got ARC approval or better yet a permit from the county, he told me it wasn't necessary because it was in the original plans 10 years ago when the previous owner owned the house.

I suggested if nothing else, there was definitely a conflict of interest here with him approving this sliding door and then installing it to this problem owner without inspections or approval from the county.

I didn't discuss it further because I wasn't sure if I was right.

This property owner is breaking all HOA rules by running a business out of her home while living in her garage, now with a sliding door. She now doesn't have a garage which is also breaking rules. OMG, HOA fines her, but she doesn't pay. They do not know how to collect fines. I suggested Small Claims Court.

Anyone know the answers to my concerns sure would appreciate your input!

Thanks

When you say "our," whose property are you referring to?



It is likely legal to hire him but it shows a lack of good judgment from both the president and the VP. It just does not look good to hire someone who is also a board member or officer.



A revoked license may indicate that he got into some serious trouble over his workmanship or it may be that he just failed to renew his license. Dig deeper and see what you can find out.



If he is truly working as an hourly employee then the value of the work does not matter. If he is charging by the job then his lack of license matters. If he is working for multiple people his lack of license matters.



BIG RED FLAG! You have an officer of the HOA performing work as an unlicensed contractor without building permits or ARC approval and the house is one with a history of violations and unpaid fines where an unlicensed B&B is operating without proper zoning permits. (At least, that is what I recall from another thread.)

Break open your piggy bank because you need to start dropping a lot dimes. Report this guy to whoever licenses contractors. Report the homeowner to your local zoning authority and building department.

You would not be out of line to ask both the president and the VP to resign at the next board meeting. These morons have the worst judgment I have heard about in quite some time.

Has anyone lifted their pinky finger above desktop level ?

As in actual work and diligence.

I may have missed this, Barbara: have you notified your county's building or zoning departments?

Barbara,

The comment that the President hired . . . has me more concerned than anything else.

Did the Board authorize the President to hire this individual?

If not, and if the governing documents doesn't grant such authority (the fact that the President signs all contracts is not authority to enter into a contract without board approval), then make a motion to remove the individual as President due to exceeding their authority.

However, if the Board approved the contract, then place the blame where it belongs, on the Board. Use this as a learning experience to insist that every contractor be licensed and insured. That a minimum of three bids be obtained for work to be done and that references be provided.

Read old minutes and they did vote on having this person do the job! New Board now disagreed with that decision and work has stopped!

Tim's advice is a good extension of my earliest reply. And if you have support, yes, the prez should be removed for the office of president. And the VP should be removed from that office too. It takes a majority vote of the board and you do not have to give a reason (in CA).

Only the H/Os can removed them as directors.

Got it! Under control! And they thought I was just another pretty face! LOL