Question:
Is it possible to have owners take over responsibilities of contractors and be compensated with a reduction of dues?
Specifically I am trying to get owner involvement in snow removal, shoveling sidewalks and stairs, instead of paying a contractor that does a sub par job.
– David
Answer:
Hi David,
The first step is to review your governing documents to determine if the HOA has the authority to modify dues in exchange for services. Many HOA declarations and bylaws do not allow for individualized reductions in dues. However, the HOA may decide to hire the owner as a contractor and pay them in exchange for services. It is important for the HOA to follow due process, though, when hiring a contractor for snow removal. The owner must go through the same selection process.
There are also liability considerations. Without proper safeguards, the association could be held responsible if an owner is injured while performing these duties or if the work is not completed properly, leading to hazards. One way to mitigate this is to require participating owners to sign liability waivers and follow a set of clear guidelines established by the board.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
