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HB1 (Florida)
Posts: 2
Posted:
Hello! Our community is considering not renewing the contract with our landscaping company and hiring a groundskeeper instead. The only problem is that we have always worked with contractors and are not sure what steps to take in hiring an employee in house. From a legal, hiring standpoint, where would we start? Any pointers or suggestions on where to start my search would be appreciated! When I tried Google searching, what came up was just a bunch of landscaping companies and articles from property management companies offering advice on how to pick the best company.

Thank you!!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Not a good idea to have a HOA employee. You have to realize that their salary and insurance needs comes out of the HOA's dues/budget. Plus it makes membership and employer.

It is best to hire these positions out as independent contractors. They have to carry their own insurance, pay their employees, and keeps relationship contractual.

Nothing wrong with just changing the needs/requirements in the contract to meet your needs with a new contractor. I fired our lawncare guy who was a member of our HOA and replaced him with a lawncare company. Found it much better situation for all. Bad idea to hire a member to do the work unless they own a really good lawncare company.


Former HOA President
KellyM3 (North Carolina)
Posts: 2,239
Posted:
I will be surprised if anyone who's active on this forum, and has experience, will recommend hiring an employee. Independent contracting is the only way to fly.

HB1 - change your contractor if your landscape services are falling short.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By KellyM3 on 10/30/2020 2:55 PM
I will be surprised if anyone who's active on this forum, and has experience, will recommend hiring an employee. Independent contracting is the only way to fly.

HB1 - change your contractor if your landscape services are falling short.
I agree. I have seen up close the problems some employees (vs. contracted companies or a contracted individual) cause a HOA. If I had to choose between the two, I would pick a contracted company or contracted individual.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I may add that there is 1099 contractors. Which may fit your bill. They would be responsible for much of their own expenses like insurance/taxes. Would still be a contractor but paid directly by the HOA similar to employee.

Former HOA President
HB1 (Florida)
Posts: 2
Posted:
Thank you very much!! Would we need to involve any other third parties besides a payroll company?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The better question is how much will you need to raise your dues to do this? It cost money. How prepared are you for tax ramifications and paying salary.

Still think your better off paying a contractor do the job and not hire a direct employee.

Former HOA President
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The better question is how much will you need to raise your dues to do this? It cost money. How prepared are you for tax ramifications and paying salary.

Still think your better off paying a contractor do the job and not hire a direct employee.

Former HOA President
DarleneD3 (Arizona)
Posts: 23
Posted:
Members should never be personally involved in providing services under contract, conflict of interest. We have that problem now with a board member and the awarding of a contract to a son not in the landscape business to hire Jose who worked for the previous company who quit, everyone loves Jose so the board members son has a perpetural contract
DarleneD3 (Arizona)
Posts: 23
Posted:
yes, most of the money goes to the owner of the contractor, not the worker so you could actually come out money ahead. Thing is you can't make them an independent contractor if you control their hrs and tell them what to do other than an agreement of what services you are hiring them for, just can supervise and dictate how they are to perform the job.

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