Swimming Pool Manager Liability

We are a small association of about 120 homes. We have a pool that is maintained by a resident who is paid during the swim season (W-9, independent contractor). As an association, we carry liability insurance that also includes a million $$ umbrella. Our insurance agent as advised us to require a Certificate Of Insurance from any contractor that does work for the association. We have not required this resident to provide us with proof of coverage and are aware that she is not insured. Should she carry her own coverage or is she an employee? I'm curious as to haw other associations handle this.

Randy,

Keep in mind, they are one or the other.

If an employee, the Association should be withholding taxes, paying their share of social security, provide benefits, etc.

If an independent contractor, the individual should have insurance and provide a copy.

Keep in mind, it's better for the Association to make this determination and act accordingly rather then waiting until something happens and the courts decide if the individual was a contractor or employee.

To determine if an individual is an employee or an independent contractor see the following link from the IRS:

Independent Contractor (Self-Employed) or Employee?