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Can a homeowners assoc. in florida, legally hire a contractor that is not licensed?
Anonymous4 views2 answers
I own a small cleaning company and have been cleaning for this association for 5 years now. I clean the restrooms, furniture and pool deck and they are talking about hiring an unlicensed homeowner there to do the job since obviously, they can do it cheaper without the need to pay insurance and license. Is it legal for them to do that and if it is legal, doesn't that open them up for lawsuits in the event that person were to be injured while working there? Keep in mind, they are not going to hire them as an employee of the association but as an outside contractor. I know that you can clean peoples homes up to a certain number before you have to have a license but this is for an association, not an individual.
Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed ·
While the HOA statute doesn't specifically address the requirement for a licensed contractor like the Condo Act does, there is a fiduciary duty to do what is in the best interest of the association and that means obeying all laws and ordinances. The association should be doing business with licensed, insured, bonded contractors and not unlicensed contractors.
I see you are writing from Tampa. There was a recent article in your local online news site, TBO, explaining the risks to an HOA of hiring unlicensed contractors. I don't know the author but thought found it to be a detailed overview of some of the risks. Here is the link:
http://tbo.com/ar/545786/
. I am sure it's frustrating for you to compete against unlicensed contractors. However, if the HOA in the situation you described has decided to assume the risks and enter into an agreement with another unlicensed contractor - don't interfere or you risk subjecting yourself to claims from them. Use the info from this article as you see fit to help you better differentiate yourself and compete on future opportunities.
