S.H. from Los Angeles County, California writes:
Dear Mister Condo,
Is one of the condo owners allowed to pay themselves for watering the plants? Who is allowed to hire a gardener on behalf of the HOA?
Mister Condo replies:
S.H., it is typically not allowed to pay HOA members for “work” they perform on behalf of the association. It creates an employer/employee relationship between the association and the homeowner and can create a conflict of interest as well as unnecessary risk and liability for the association. In many associations, the governing documents actually go so far as to forbid any unlicensed and uninsured work to be done on the common areas or anywhere within the association. The Board is the governing body charged with making all hires and is responsible for the payment of this “volunteer”. You should bring the matter to their attention and ask that this person either function as a volunteer without pay or provide license and insurance to indemnify the association against any lawsuits resulting for that person work or their own injury while providing such work. I know it sounds outrageous but what if this paid worker tripped on the hose and broke her leg, or worse, was struck by a vehicle while working on behalf of the association? These things have to be considered when making a hire and exposing the association to such risk. Hopefully, this will all work out safely for all involved. Good luck!