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TracieS (Colorado)
Posts: 460
Posted:
After meeting with our insurance agent (for the association) yesterday, I have come up with questions re: workers comp.

I'm the sole employee of my association, and I get paid $114/month to do the books, deposits, and make sure things are A-OK. My insurance agent called the corporate office to see if our association needs workers comp insurance (just on me). Questions were raised about how I'm paid (W-2 or 1099 - NEITHER! I have never issued a 1099... yes, just one more thing I need to work on with this association). The corporate office said that if I were in any other state, she could give a simple yes or no answer. (I guess if there is "ownership interest", some businesses can opt out of workers comp...). Colorado, I guess, it's just not that simple.

My agent is going to research further with the Colorado Dept of Labor (asking hypothetical questions). I told him not to mention me specifically, because if the Dept of Labor doesn't know about me yet, I don't want to be the one who pops my head up first! My agent suggested a practice of "leasing" me (as the employee) to the association through a third party. Then, that third party would do withholding, FICA, SS, workers comp, matching and whatever else is involved in payroll.

So...what do some of the self-managed associations here do? Do you withhold from the "paycheck" for an owner/manager? Or am I in my own little situation here?

Thanks for your thoughts!
RobertG12 (Arizona)
Posts: 160
Posted:
Once you mentioned leasing, then that opens a new can of worms. You really need to determine if you are really an employee or an independent contractor. Just because you don't get paid directly or there is some middle man to pay you, you still maybe considered and employee based upon how you do your work. There are all kinds of questions to ask.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Tracie,

Workmen's Comp ins. covers employees injured in a workplace accident. If the assn has employees they most definitely should have workmen's comp. ins. Some assn's even decide to have a workmen's comp policy to cover contractors that may not have coverage of their own. If your services are being leased by the assn through a 3d party you would no longer be an employee but rather a contractor and the assn would not be required to maintan a workmen's comp ins policy just for you. This is what happens when the assn contracts with a mgmt co to provide a manager for the assn. But even a self-employed manager can be hired as a contractor instead of being put on a payroll, whereby the PM would obtain his/her own workmen's comp ins.
DanaB1 (Connecticut)
Posts: 319
Posted:
BUT........ that is all the more reason why the association should have workers comp. The way I hear it from our insurance agent is that many associations are getting it to cover themselves if the hired contractor's coverage lapsed. In this case she might be the hired contractor and she might not have any to begin with.

I'd look into it more deeply due to your situation. I know in our case(being a condo)the premium was going to be about $1,000 a year; not cheap. I'm not sure if HOA's would be less or not.

My 2 cents.
MaryA1 (Arizona)
Posts: 7,043
Posted:
I know my assn carries workmen's comp but I don't know what the premium is. But our budget amount for ins (all types of coverage) for the year is only $3,200, so that lead me to believe we have very good rates.

RogerB (Colorado)
Posts: 5,067
Posted:
Tracie,
Each association Board needs to determine their needs after consulting with a knowledgable insurance Agent.
Meanwhile why does your association employ anyone? Why not hire all workers as independent contractors? The association may need Workers Comp Insurance even after requiring their independent contractors to provide proof of insurance. That is because they could cancel their insurance after providing the association with a copy. And because an independent contractor could hire subcontractors who are not insured.
TracieS (Colorado)
Posts: 460
Posted:
Quote:
Posted By RogerB on 06/03/2009 10:54 AM
Tracie,
Each association Board needs to determine their needs after consulting with a knowledgable insurance Agent.
Meanwhile why does your association employ anyone? Why not hire all workers as independent contractors? The association may need Workers Comp Insurance even after requiring their independent contractors to provide proof of insurance. That is because they could cancel their insurance after providing the association with a copy. And because an independent contractor could hire subcontractors who are not insured.

All good questions! I guess I'm an "employee" because that's the way it's always been done. Either that, or no one ever really thought about it before.

My insurance agent is researching with his corporate office and the Colorado Dept of Labor, so I will get an answer I can follow through on, but I was asking here just to get ideas of what other people do.

I do appreciate the comments!
AnnJ2 (Colorado)
Posts: 120
Posted:
If an employee you have all sorts of federal issues to resolve with taxes and withholding on the association side and if you have never issued a 1099 did you claim the income on your tax returns? Worker's comp may be the least of the issues and they will all show up with a full audit of the books. You ahve done the corporate taxes for the community? how did you refelct your "wages/salary". sorry to shift the topic maybe but these are random thoughts and questions that first come to mind with this posting string.
TracieS (Colorado)
Posts: 460
Posted:
Hi Ann,

Yes, I claimed my income on my personal tax return. Just under the line for "additional income" where people put child support payments or other things.

Oh my...even more problems? And this time with the feds?

Maybe I should just quit as PM!

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