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AdamD1 (Indiana)
Posts: 179
Posted:
Tonight we have our monthly Board meeting. I'm on the Board and chair the meetings. One of the Board members is a retired electrical engineer. He wants to install some new wiring and put lights on our entrance signs. He is not insured/nor bonded. He is not covered under our HOA insurance policy if he were to get injured (I checked with our insurance agent). He would be doing this project at cost of materials and not charge for labor.

I am opposed to ANY homeowner volunteer doing electrical work or getting on a ladder. The other Board members seem indifferent/leaning toward just having this Board member do the work to save the HOA money.

I did get two quotes from reputable electric companies which are insured/bonded to bring to tonight's meeting.

Question: This Board member who wants to do the work is a hot head. If I hint at motioning to the Board to move forward with one of the reputable businesses, he might blow a gasket. How would you approach this issue? Would you just let him do the work and keep your fingers crossed or raise a stink and make sure the other Board members know that he could put the entire Association at risk in the unlikely event he gets injured?
BillH10 (Texas)
Posts: 1,217
Posted:
If you let him do the work and he injures himself, or worse, something is not properly grounded someone is electrocuted, as an Association you will find yourselves crossing your fingers around a lot of ink pens to write a lot of checks as a result.

Regardless of him being a hot head, you and the rest of the Board have a fiduciary responsibility to the Association to do what is right, not what is easy or doesn't make someone angry. If he persists, tell him he is the low bidder and can do the work if he obtains whatever licenses and insurance are necessary, all of which he must furnish a copy. Otherwise, he is not a qualified bidder.
MarkM19 (Texas)
Posts: 1,459
Posted:
Bill H is exactly right. You may save a few bucks if all goes well. If things don't go well the entire board will face the rage of your entire community. Bill's other option is also very good as if he really wants to do it he needs to get licensed and bonded. The job you mentioned would by no means be worth it to him.

If I were the Hot Head as you mentioned I would want to be onsite when the work is performed since he has experience in the field and can make sure the job is done right.
JaredC (Texas)
Posts: 264
Posted:
Who cares if he is a hot head? If he is a properly licensed and insured tradesman (retired or not) let him work. Ah yes, but he isn't insured. Is he licensed? These are very valid and reasonable concerns. IMHO you have a fiduciary responsibility to all homeowners to do your best to avoid unnecessary liability. I doubt the guy would get electrocuted or fall off a ladder but it could happen. Then what? Then the hot head sues.

Eh, if he's licensed and insured go for it. If he isn't it's probably to hire someone who is. It not about you or him but rather protecting every homeowner from liability to the best of your ability.
KerryL1 (California)
Posts: 14,550
Posted:
If, Adam, you can get an email from your ins. agent saying what you've told us, get it for tonight's meeting. Also taking copies of the bids to share that you have is important.

With bill & Adam & your own instincts, do not let this peon get or a ladder or touch anything electrical without something that takes the liability off the board/HOA.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
As an "Electrician" myself, I would not do the work. There are many factors outside of the person injuring themselves. There is the code and inspection factor. Who is qualified to make sure it meets code and would pass inspection? Would the wires be put into conduit since it's outside? You cant' just put any type of wire or number of wires that fit into a tube. They have to be rated for outdoor/water/close contact conditions. If not, they can short out causing potential fire or electrocution risk.

It's always best to make a rule that any work done by contractors is ONLY done by licensed and insured contractors. Doesn't mean people can't ever volunteer for doing work. Just not ones that would normally require licenses and/or insurance. Cleaning the area around the sign could be okay. Painting the sign okay. Doing Electrical work? No way.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
Howdy! I recall you had a post about this guy a few months ago and I would have hoped the man would have taken a few breaths and thought about potential liability and changed his mind. I also hoped he might be outvoted by you and the other board members (oh, well).

Like you, I'm very concerned about a guy doing work on association property who's not insured or bonded, so I hope you were able to convince everyone to go with one of the contractors you spoke to, or at least get a few more bids from people who really are more qualified to do the work. I also hope everyone understands you're taking the long view of things to protect the association, as you and any decent board member would. This guy can blow himself up on his own property, but for any board to agree to this stunt just to save a few dollars is foolhardy. Here's hoping you stank up the joint with your objections.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Way to go, Sheila!
CathyA3 (Ohio)
Posts: 6,299
Posted:
Adding to others' comments about liability, board members are supposed to avoid self-dealing or using their positions for personal benefit. I also think it's smart to avoid even an appearance of wrong-doing. Even if the board member isn't paid, why raise questions in minds of the homeowners?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
The liability issues (injury to the person, a fire caused by improper work, etc.) are the critical issues. Also, do not assume an Electrical Engineer knows local electrical code nor does it make him an electrician.
MarkM31 (Washington)
Posts: 494
Posted:
Quote:
Posted By MelissaP1 on 09/04/2018 4:59 PM
As an "Electrician" myself

What does that mean?
BillH10 (Texas)
Posts: 1,217
Posted:
So, Adam, what happened in the meeting last evening?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Mark that means I am an Electrician but not a practicing one. Not licensed or insured. Went to college and did it as a volunteer with Habitat. Choose not to pursue it for a living. It's just a hobby.

Former HOA President
PaaN
Posts: 219
Posted:
Yesterday, I could not spell Electrican, today I be one.



ps. I once observed a 'crew' installing cover plates using BUTTERKNIVES as screwdrivers.
GenoS (Florida)
Posts: 4,276
Posted:
Dimes work too.
AdamD1 (Indiana)
Posts: 179
Posted:
Quote:
Posted By BillH10 on 09/05/2018 9:59 AM
So, Adam, what happened in the meeting last evening?

UPDATE:

Thanks for all of your input! I held my ground during the meeting and presented the bids from two licensed/insured vendors. The Board member did not bring a bid for the rest of the Board and looked completely unprepared, like he always does during our meetings.

I stressed to the Board we have a fiduciary duty to do what's right on behalf of all homeowners and that we should go with [insert vendor's name here]. The two other Board members agreed with me while the "electrical engineer" board member remained quiet. Motion passed and it's a non-issue.

I car pool with the secretary/board member and she remarked after the meeting on our drive home that she was surprised the "electrical engineer" board member didn't yell at anyone like he normally does. All in all, was probably the best Board meeting of the year.

I just chair 4 more Board meetings and an Annual meeting, then I'm OUT like a light, pun intended!
PaaN
Posts: 219
Posted:
Quote:
Posted By GenoS on 09/06/2018 10:32 AM
Dimes work too.

No, they do NOT.

Too thick for Pan Head #6-32 x 3/8 Slotted Drive Screws

Been there - Tried that

(in my own home when I dropped my screwdriver while on top of an 8' ladder)
SheliaH (Indiana)
Posts: 6,964
Posted:
I'm not surprised - you do your homework, and it's hard to withstand or contradict people who are prepared, when all you've done is babble. Maybe your colleague finally realized how ridiculous he sounded and didn't want to get up and spout more foolishness - whatever the reason, congrats!

Let's hope your example is finally beginning to sink in and whoever takes your place at the end of the year is taking notes. On the other hand, you may find you want to stay - who knows, the others might step down in favor of people who at least apply careful thought to association issues, and then imagine what the board will be able to do!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AdamD1 (Indiana)
Posts: 179
Posted:
When I had sent the Board member a private email indicating our insurance would not cover him if he were to get hurt performing the work (like he suggested our insurance would during the last Board meeting), he replied and added the other Board members saying....

"Adam,
Please be advised of the following statement from the Workmans compensation policy. It specifically states that individuals who volunteer their services for nonprofit organizations are not covered. Please do the proper research before you attempt to spend any of the HOA's finances. Having taken Business Law at the University of Chicago and having worked in industry and as a contractor for General Electric and Rockwell Automation, I was fully aware of the workmans compensation law and that volunteers are not covered. I have no idea how you may have gotten that impression. "

My reply:

"Impression was received at our last meeting when you said "I thought that we're covered under our insurance policy" in regards to you performing electrical work for our entrance signs. I then suggested you obtain a Liability Waiver form to submit to the Board.

Please do not take this personally [Board member name]. I have no issues with you, but as a representative of our community I believe anyone working on a ladder or with electric should be insured/bonded. I'm only trying to protect the Association/homeowners in the very unlikely event something goes wrong. Please see it as only that.

See you tomorrow at the Board meeting!"

PaaN
Posts: 219
Posted:
PatJ1 (North Carolina)
Posts: 568
Posted:
Also, it should be researched if a permit is required from the local Building Dept.for the work being performed. Where I'm located our Building Dept. will not issue a permit for work done outside of the permit pullers own residence, a DIY job, unless they are licensed/insured. Especially when it comes to electrical work.
KerryL1 (California)
Posts: 14,550
Posted:
Well done, Adam! Not sure what your HOA will become without your calm efficient leadership.
AdamD1 (Indiana)
Posts: 179
Posted:
Quote:
Posted By KerryL1 on 09/06/2018 11:15 AM
Well done, Adam! Not sure what your HOA will become without your calm efficient leadership.

Thank you for your kind words. I intend to set up my successor for success!

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