Can the superintendent be a company instead of an actual person?

Started by EmreO • 5 replies • 1493 views

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EmreO (New Jersey)
Posts: 8

Posted:

Hi
We need input on the following issue from the pros:
We are a condo association in NJ, and currently have a super who does not live in the building and uses his own men to take out the garbage and clean the floors etc..
We give him an apartment which he does not live in, we also pay him a salary, pay for his workers comp insurance, payroll taxes, social security etc..
But this obviously costs us a lot of money and still he is not the person who does the trash collection or cleaning in the building.He has a contractor company and has his own men who do this kind of work. He also manages many buildings this way.

We want to see if we can list his company as our super for the building, instead of him and by this way we can stop having to pay for his payroll taxes and workers comp insurance. We will pay his company a fee instead for its services and require him to carry his own insurance for doing his work in the building. Because currently our insurance maynot cover his workers since they are not listed in our policy but him.

Our question is
Do you know if this is possible? Does the super have to be an actual person or can it be a company?

If any of you have done this do you have examples of a contract you have signed with your superintendent company?

Thanks

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

He would just be a contractor like any other contractor you hire to do something.

Who is requiring you to list a "person" as a superintendent?

EmreO (New Jersey)
Posts: 8

Posted:

I don't know if it has to be an actual person, that's why I am inquiring. The only place where we list the super's name and address is on a certificate of occupancy paper we receive from the state and hang in the lobby of the building.
That's all.
We are in NJ also if that matters.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

only place where we list the super's name and address is on a certificate of occupancy paper we receive from the state

Telephone the dept that issues the certificate. Ask them.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Emree, Who is "we" when you say we want to know? Did 'we" sign a contract with whoever. who signed this contract. Did it spell out job description and duties of the Superintendent or what ever he is called. How long has he been doing this? Why do you compensate him with a residence he never uses, what's the point in that???

Questions, questions, if whoever is not satisfying "we", why not fire him him. Did he hook you into a long term contract? Are you on the Jersey shore?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Emre,

First of all, I don't understand why the assn pays for this guy's workers' payroll taxes, social security, etc. If he is on your payroll then you would be required to only pay for his employment taxes. I think the assn could save a lot of money if they contracted with his company to perform these services. If he wishes to hire employees to do the work for him then it's on his Corp's dime not yours. As a contractor he would only get a flat fee and would have to have his own workmen's comp for his employees. Also, you would not have to provide him with an apartment which you could rent out for extra income -- income that would defray the cost of his contract. I can't imagine there would be a law that would prohibit you from contracting with a company to perform the job of a super for this building.

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