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LisaR21 (Florida)
Posts: 22
Posted:
Our neighborhood employs youth tennis coaches. The property management company acknowledged in an email 2 years ago they they were not doing background checks on youth coaches and were looking into it. After a parent complained to the Department of Children and Families last week - the DCF told the neighborhood they were required to do level 2 background checks on summer camp coaches send youth coaches.. The Board of Directors likely told the management company not to do background checks on any employees including youth coaches and maintenance and landscape employees. Neither the management company nor the BOD will answer who made the decision not to,do background checks which is a Florida Statute violation. Any advice?
SheliaH (Indiana)
Posts: 6,964
Posted:
It may be true the property manager was told not to do the background checks (maybe due to the expense) but you don't KNOW that for certain, so you may want to wait until you find out.

I don't know why any organization wouldn't do some sort of background check on people they hire, especially if those people will be working with children. Since the property manager works at the board's direction, the ultimate responsibility lies with them. That doesn't let the manager off the hook - if something happens, they'd get the sugar-honey-iced-tea sued out of them, along we with the association.

I think you know the answer to this, but in case it must be spelled out - time to gather your like minded neighbors and read the documents to see what's required to call a special meeting where the board should be compelled to provide an explanation, along with the property manager. You may end up having another t o consider sacking this board and replacing them with more thoughtful people (you may need to consider being one of them).

If you succeed in getting a new board, take a look at the property management contract and consider making a change. It may be enought to change managers if others are available, but if not, the next project will be to find one, negotiate a contract and set up a transition plan.

It may also be time to rethink the youth tennis program. Perhaps fees should be increased to cover increased costs of background checks or have the parents hire their own coaches.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 1,333
Posted:
Quote:
Posted By LisaR21 on 07/02/2025 5:32 PM
Our neighborhood employs youth tennis coaches. The property management company acknowledged in an email 2 years ago they they were not doing background checks on youth coaches and were looking into it. After a parent complained to the Department of Children and Families last week - the DCF told the neighborhood they were required to do level 2 background checks on summer camp coaches send youth coaches.. The Board of Directors likely told the management company not to do background checks on any employees including youth coaches and maintenance and landscape employees. Neither the management company nor the BOD will answer who made the decision not to,do background checks which is a Florida Statute violation.
Statute section 943.0438 refers to coaches of a "youth athletic team."

Does your HOA have a team? Or is it just kids getting regular instruction? If there is no team, I doubt 943.0438 applies.

Was there quantifiable harm done by not having background checks done? If not, then I would let this go, especially since the Department has been involved and maybe sees this differently than I do.
TimB4 (Tennessee)
Posts: 21,059
Posted:
The big question is, is the Association doing background checks now?

If the Association is doing the checks, lesson learned.

If the Association is not doing the checks they risk legal and liability issues if something happens.

Regardless of who made the decision, the manager works for the Board and the Board is responsible.
If you don't want those individuals on the board, volunteer to serve on the board, gather support and get yourself elected.
This way, you will be part of the decision process.
LoriM15 (Florida)
Posts: 1,009
Posted:
At this point does it really matter who made the decision not to do the background checks? I guess it does if you are going to use that information to try and unseat the board members who may have participated in that decision. But for the purposes of parents making sure their children are being taught by instructors who have been checked, it shouldn't make a difference. All you want to make sure of is that it is currently being done.

We do background checks on all new tenants and purchasers. It costs $200 to do a credit and background check. Expense should not be an issue here.

I agree that whoever made the decision not to do the background checks opened the association up to huge liability. I would question their judgment and their ability to govern on the board. And it doesn't really matter who MADE the decision - it matters that the board allowed the practice to continue. I think you have good reason to challenge any sitting board member for not being on top of this.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By LisaR21 on 07/02/2025 5:32 PM
Our neighborhood employs youth tennis coaches. The property management company acknowledged in an email 2 years ago they they were not doing background checks on youth coaches and were looking into it. After a parent complained to the Department of Children and Families last week - the DCF told the neighborhood they were required to do level 2 background checks on summer camp coaches send youth coaches.. The Board of Directors likely told the management company not to do background checks on any employees including youth coaches and maintenance and landscape employees. Neither the management company nor the BOD will answer who made the decision not to,do background checks which is a Florida Statute violation. Any advice?

Sounds like a lot of needless liability and unneeded expenditure of HOA funds for a limited group of owners with children interested in tennis. If I were on your board I would terminate the youth tennis coach program immediately and let parents hire their own coaches.

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