condo association

Started by GinaS6 • 4 replies • 1735 views

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GinaS6 (Florida)
Posts: 3

Posted:

I have a board who repeatedly hires unlicensed contractors. After two certified letters asking for the copy of the contract have been unsuccessful. The attorney who represents the board has been aware of this since 3/10 and continues to allow this unethical business practice to continue. Can I press charges against the president of my board who chooses not to adhere to the law? We have been assessed for the painting job in 1/16/10 without a contract given , work started 3/6/10, the contractor was not registered wih the county they worked in and no workmans comp insurance the time they started the work. The were issued a fine and payment is still outstanding. 7/28/10 I will be going to a hearing to testify that my board has hired this individual to do the work on the property. The owner of the painting service has denied to the county investigator he was not hired by my association. If it's against the law to hire unlicensed contractors their MUST be stricter consequences when the board and their attorney breaks the law. Our condo dues are paying for their services. And if you refuse to pay regardless of their choice of action a lien and foreclosur will start. We as owners should not compromise doing the right thing. Nor retaliation from the board and attorney letters sent to me . Thank you Gina

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

He may be working under someone else's license. It would be easier to turn him than to sue the HOA. But if you turn him in, and he stops work, you run the risk of him walking off the job. If he has already been paid, you will have to pay another painter to finish. If this guy is not legit, you will probably never recover any money from him.

If you sue the HOA, and legal fees would be paid by you, the homeowner.

My opinion? Let it go. But work with the BOD on getting licensed contractors in the future.

DonnaS (Tennessee)
Posts: 5,671

Posted:

I too would let this painter go but you are correct. All contractors must have County licenses . As soon as the job is done, contact the County licensing dept and get a copy of the regulation re: contractors in your County. Give copy of it to the Board and cc the Lawyer. What a doofus he is.

GinaS6 (Florida)
Posts: 3

Posted:

Thank you DonnaS for responding. Yes I did just that. I called my county to see if he has a lisenced. NO. Nor was the owner and his workers had work man comp insurance. Filled a complaint for that as well. And the owner was cited on the property and was issued a fine. These are city and state laws. FYI: owners must educate themselves on the statues, code compliance, going to town hall meetings, calling your legislative,clases at B.C.C to be knowledgable. Ignorance is not an excuse. When the board of a condo or HOA knowingly hires an unlicensed contractors they put us at risk. The burden on us. The reason especially if you pay him first (you do not do) he leaves and don't come back, they get injured on the property they can sue you. And we need to be responsible and ask questions. Hold them accountable. Owners and board members and attorneys who represent them allows this behavior to happen. It's all on tape at the board meeting with owners present on 1/16/1o. I brought it up. So, the president was informed. And the email addressed to the attorney in 3/10 that he was unlicensed and asked for a copy of the contract. Still waiting. That's ok on 7/28/10 I will going to the department of contracting and license in my county to testify the unethical business practices that my board does and the contractor who lied to the city investigator he was not hired by my association to do the work. Already finished the job end of 3/10. Fla.Statues 718 as of 10/1/09 the law changed all contractors must have a copy of the contract on file with the association for seven years before it was 1 year. Eventually when I ask to review the finances and original records of the association they will have no choice to provide them.
Where do you live Donna?

GinaS6 (Florida)
Posts: 3

Posted:

Thank you SteveM9 for responding back to me . This is ginas6. No the owner was not working under someone else license. When you work in another county you mustb by city and state law be licensed. The owner was in one county where you live. We got assessed for the job in 1/10. The work started 3/6/10 pressure cleaning then painting and repairs after. By law and Fla.Statues 718 assessments to be used for the purpose of the assessment with a copy of contract. The name of the company, address, phone numbers license numbers, how much it will cost deposit if necessary approximately whaen will they be finnished etc. When you go and see your mechanic you ask what's wrong with the car. If their HONEST they will tell you the truth and give you an estimate and the cost. Or no estimate and can charge you whatever you want and you get no receipt. We can speak up or we can choose to be timid. WE MUST BE WISE. Thank you gina?
Where do you live?

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