💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

DonM11 (California)
Posts: 1
Posted:
We have one employee handeling janitorial and landscaping,Forty hours, well paid and with no supervision. He elso has his own business handeling odd jobs and landscaping for homeowners billing them seperately, after hours and on weekends. Another basic salaried person was hired for 40 hours. Meanwhile meter reading is required and was a part of the job description until recently. Now the well paid employee has taken over that job, requiring 8 to 10 hours and performing it on time other than the 40 hour week, for $375 per month.The board ignores any attempt to change over to contract labor
.
GlenL (Ohio)
Posts: 5,491
Posted:
Don please excuse me if I'm just not getting your point here. As long as the $345 is enough to pay the well paid persons OT for doing the extra work what's the difference?

Studies show that 5 out of 4 people have problems with fractions
RogerB (Colorado)
Posts: 5,067
Posted:
Don, I suggest not having any employees for the HOA, but rather hiring them as independent contractors.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Don,

Roger is right. The Association needs to determine if an individual is an employee or an independent contractor.

As an employee:

Association must pay wages
Association must withhold taxes
Association must it's share of Social Security, etc.
Association may have to provide health benefits (lets see what the law finally says)
Association must issue a W-2

As an independent Contractor:

Association must pay an invoice
Association must issue a 1099-misc

Tim
DennisT (Ohio)
Posts: 109
Posted:
Let me add one thing to Tim's list (which is very good by the way). Workers Compensation. This is different than health benefits.

For an employee, the association have provide workers compensation insurance just like any other business.

On the other hand contractors are generally required to provide it for themselves.

I can't overstate the importance of figuring out who is responsible for workers comp here particularly when a person is doing the kind of jobs that might lead to a trip to the ER for seemingly minor things like cuts, bee stings, etc. When the nurse asks how it happened as soon as the person says "I was working on..." they're going to start filling out workers comp paperwork. You'll really be up the creek when the state finds out that a person was injured doing work for you and the worker's comp laws haven't been followed.

Another word of caution with respect to contractors and workers comp. You cannot assume that a contractor has workers comp and then claim ignorance if it comes to be found out they did not. It could then fall back on the association to pay for it plus whatever penalties for non-compliance. All contractors should be required to furnish a copy of their registration certificate at the time they give you their W-9. Trust but verify.

Our documents had a stipulation that the association could not hire any contractor that did not have workers compensation paid for by himself (i.e. not the association) and requiring a copy of the certificate be filed in the association records. For our long-term contractors like the landscapers we'd require them to give us an updated copy whenever they renewed their policy, usually once a year.
DanielH1 (California)
Posts: 482
Posted:
From what you've said, it is fairly clear that your worker is an employee.

Although many have tried, you can't get around employment law. The IRS (and California) provide guidelines for distinguishing an employee from a contractor but they are also crystal clear that (1) they are guidelines, not rules, and (2) the IRS can reclassify a worker based on its judgement, not yours. Many organizations have tried to play around with business licenses, contracts, 1099s and legal fictions to turn their employees into contractors but they rarely succeed. The law is written to avoid and punish this sort of thing.

If your HOA really doesn't want employees, I'd say that you should fire your current worker and hire a variety companies to do what he did. Barring that, I can't see how you get around it unless the guy has been secretly harboring a lifelong dream of entrepreneurship and initiative such that, by explaining the problem to him, he'd suddenly develop a full blown business with multiple customers, legal contracts and so on and so forth.
SkuddleM (Colorado)
Posts: 62
Posted:
Is the HOA responsible for posting a bond that will protect it from criminal wrongdoing on the part of its bookkeeper, or is that a responsibility of the OM to secure such a bond?
RogerB (Colorado)
Posts: 5,067
Posted:
Skuddle, it is prudent for all HOAs to carry fidelity (theft) insurance which is often referred to as a bond. But unless the HOAs governing documents require this insurance the Board has no responsibility to have this coverage. The fidelity insurance should be made to cover everyone who has access to the HOA's funds.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here