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ArtB1 (Florida)
Posts: 97
Posted:
From an ARC perspective, we require any contractor doing work for a homeowner to have worker's comp insurance.

Sole-proprietors are exempt from that state law.

Florida law also exempts companies under 4 employees except construction.

So if a homeowner submits an ARC request and includes a worker's comp exemption form from the vendor, do you, as an ARC, look any deeper?

We have seen where companies submit an exemption by saying their employees are owners.

It is a rabbit hole we started to go down and I have begun wondering if we really need to and to just accept the submitted documentation at face value.

Thoughts?

Thanks

SheliaH (Indiana)
Posts: 6,964
Posted:
I don't think we've asked for it, as homeowners can't make changes to the common area, such as roofing. For example, homeowners aren't allowed have satellite Tv antenna on the roof because that's common area, so if something happened,we'd argue the worker had no business being there because the homeowner knows the rule and we have signs at the community entrance telling installers they should call our property manager to see where it can be placed. Thankfully, that never happened and hardly anyone has dishes anymore.

In your case, I think I'd look at what's being done. For example if someone's replacing a door or first floor window, the workman's comp issue might not be that important as the worker shouldn't be doing anything that would put him or her in danger, such as climbing a ladder to get to the second floor.

Since the homeowner does the hiring, I would hope his or her individual insurance policy addresses these issues and if there were an incident, the homeowner would be on the hook. Nonetheless, it may be a good idea to run this by your association master insurance and perhaps the association attorney to see if you'll need to tweak the ARC instructions to ensure its not placed at risk.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Art

You are correct. How far down the rabbit hole do you go? I say requesting what you presently do is enough.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
This is work being done on a condo, right?

In single family communities that would seem over-reach? May vary state by state, as well.
ArtB1 (Florida)
Posts: 97
Posted:
We are a 131 single family home HOA

GeorgeS21 (Florida)
Posts: 3,808
Posted:
Do your CCRs or architectural control docs allow you to place the HOA between an owner and their contracted employee?
TimB4 (Tennessee)
Posts: 21,059
Posted:
I think that the ARC is exceeding it's authority requiring proof of such insurance.

The ARC is supposed to approve or disapprove requests not vet the contractor.
The County permitting office doesn't even vet the contractor because that is not their responsibility.

ArtB1 (Florida)
Posts: 97
Posted:
Our covenants state:

Upon request by the Architectural Reviewer, the proposed contractor(s) shall supply a copy of all required business licenses and evidence of insurance with such coverages and amounts as the Architectural Reviewer may reasonable require. Reviews shall be coordinated with required governmental approvals.

GeorgeS21 (Florida)
Posts: 3,808
Posted:
Art,

Don’t have full background, but that sounds like boilerplate from the developer ...how long ago was the community turned over to the HOA?
ArtB1 (Florida)
Posts: 97
Posted:
we are barely 18 months old as an HOA

We have not done any changes to the covenants, only ARC rules.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
In a single family home community - unless there are extenuating circumstances -I would probably try and get out of the position between property owner and their contractors.

I would suggest you spend some time tailoring your CCRs and perhaps even Bylaws, for your HOA, vice allowing them to continue as the developer wrote them. Don't take too much time, though as folks will move, forget, become more apathetic, etc ...

If the money was available, I would certainly have an attorney do the rewrite - not changing anything except to align all docs with the HOA vice a developer perspective.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Different State. Different laws.

Townhouse community. Owners responsible for all exterior maintenance and repairs.

We require Certificate of Insurance from all outside contractors. Insurance not required for DIY.

We inquired with our insurance agent whether we should be listed as an additional insured on contractors' insurance certificates. He said too much bother for us and no significant benefit.

All contractors must be registered with the township. Permits required for many activities. We maintain close relations with Township inspectors. We work to ensure that permits are obtained and inspectors are satisfied.

Sikubali jukumu. Read all posts at your own risk.

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