Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Treasurer of a HOA does bookkeeping service for the HOA & Water…

Customer Question
Treasurer of a HOA does...
Treasurer of a HOA does bookkeeping service for the HOA & Water co which are 2 separate entities. She is paid as an independent contractor, and her services do fall under many of the IRS criteria for constractor status. A homeowner is insisting that since she is an officer, she should be paid as an employee....is she correct?
Submitted: 6 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 3 minutes by:
9/1/2011
Real Estate Lawyer: Richard, Lawyer replied 6 years ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,040
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified

Good morning. There is no black and white answer...it is based on facts and circumstances. The homeowner's assessment is not necessarily any more determinative than the determination of the association and its board. The IRS has a list of the following 20 factors that they evaluate...and no one factor is critical...

 

 

The 20 factors used to evaluate right to control and the validity of independent contractor classifications include:

  • Level of instruction. If the company directs when, where, and how work is done, this control indicates a possible employment relationship.
  • Amount of training. Requesting workers to undergo company-provided training suggests an employment relationship since the company is directing the methods by which work is accomplished.
  • Degree of business integration. Workers whose services are integrated into business operations or significantly affect business success are likely to be considered employees.
  • Extent of personal services. Companies that insist on a particular person performing the work assert a degree of control that suggests an employment relationship. In contrast, independent contractors typically are free to assign work to anyone.
  • Control of assistants. If a company hires, supervises, and pays a worker's assistants, this control indicates a possible employment relationship. If the worker retains control over hiring, supervising, and paying helpers, this arrangement suggests an independent contractor relationship.
  • Continuity of relationship. A continuous relationship between a company and a worker indicates a possible employment relationship. However, an independent contractor arrangement can involve an ongoing relationship for multiple, sequential projects.
  • Flexibility of schedule. People whose hours or days of work are dictated by a company are apt to qualify as its employees.
  • Demands for full-time work. Full-time work gives a company control over most of a person's time, which supports a finding of an employment relationship.
  • Need for on-site services. Requiring someone to work on company premises-particularly if the work can be performed elsewhere-indicates a possible employment relationship.
  • Sequence of work. If a company requires work to be performed in specific order or sequence, this control suggests an employment relationship.
  • Requirements for reports. If a worker regularly must provide written or oral reports on the status of a project, this arrangement indicates a possible employment relationship.
  • Method of payment. Hourly, weekly, or monthly pay schedules are characteristic of employment relationships, unless the payments simply are a convenient way of distributing a lump-sum fee. Payment on commission or project completion is more characteristic of independent contractor relationships.
  • Payment of business or travel expenses. Independent contractors typically bear the cost of travel or business expenses, and most contractors set their fees high enough to cover these costs. Direct reimbursement of travel and other business costs by a company suggests an employment relationship.
  • Provision of tools and materials. Workers who perform most of their work using company-provided equipment, tools, and materials are more likely to be considered employees. Work largely done using independently obtained supplies or tools supports an independent contractor finding.
  • Investment in facilities. Independent contractors typically invest in and maintain their own work facilities. In contrast, most employees rely on their employer to provide work facilities.
  • Realization of profit or loss. Workers who receive predetermined earnings and have little chance to realize significant profit or loss through their work generally are employees.
  • Work for multiple companies. People who simultaneously provide services for several unrelated companies are likely to qualify as independent contractors.

 

I hope this has given you information that has been helpful to you. I wish you the best of luck!

 

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping others or taking a break.

 

If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

 

If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.

 

Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have different intricacies in their laws and any information given is simply general information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

 

 

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Richard Your Own Question
Richard
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,040
57,040 Satisfied Customers
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
My water pressure is at 100 PSI. My HOA president does
Hi. My water pressure is at 100 PSI. My HOA president does nothing to fix anything on the outside of the building and there are a lot of unsafe upstair patio decks that could fall apart at any moment.… read more
Michael Gonzalez
Michael Gonzalez
JD
585 satisfied customers
I moved from indiana to florida and had an appraiser's
I moved from indiana to florida and had an appraiser's license....i worked exclusively for another appraisal company in florida....during this time, i paid taxes and took payments to the old business … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
HOA entered condo, without owner permission and p Rainstorm
HOA entered condo, without owner permission and p Rainstorm caused water to enter owners condo on the bottom level. HOA entered home and began water restoration without owners permission to enter or b… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Live in a condo that is 32 units in a homeowners association
Live in a condo that is 32 units in a homeowner's association that for the past 9 years has been run by one individual that collects the money, pays all bills and determines what work will be done to … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I work for a subdivision in Alabama as a homeowners association
I work for a subdivision in Alabama as a homeowners association (HOA) administrator/manager. I am the only employee for the HOA. It was once managed by a property management firm but a lot of people c… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
Leslie Esq. another HOA for you question Last April after
Leslie Esq. another HOA for you question Last April after our Annual Meeting when the Board members elect each other for Board positions the Board member that was elected Treasurer quit at that same m… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,265 satisfied customers
If an owner of a condo in our HOA also is being paid to do
If an owner of a condo in our HOA also is being paid to do maintenance - does the IRS require he be given a Form 1099 for fees he's charged, and been reimbursed for, for his labor? The Assn. also deci… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,060 satisfied customers
I am reaching out on behalf of myself and several owners of XXXXXXX c
I am reaching out on behalf of myself and several owners of XXXXXX condominiums. The address is XXXX XXX XXX XXXXXX, XXXXXX, XX. I am currently on the Board of Directors of XXXXXX and have concerns ov… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
Real Estate Insurance Question: Do Indemnity Policies covering
Real Estate Insurance Question: Do Indemnity Policies covering HOA Officers paid for by the home owners typically protect those HOA Officers against lawsuits brought against them by the home owners? O… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,265 satisfied customers
Our HOA Treasurer, and our resident book keeper, have both
Our HOA Treasurer, and our resident book keeper, have both asked for their HOA dues to be waived in exchange for services rendered. Our current bylaws state "No Director shall receive compensation for… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
Fred, You have been so helpful in directing me during this
Fred, You have been so helpful in directing me during this last month, but I am hesitant on bringing up information on our Independent Contractor at the next open meeting 1/29/13. The Arizona State St… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Question regarding HOA Independent Contractors Contract: Am
Question regarding HOA Independent Contractor's Contract: Am I entitled as a homeowner for a HOA in Arizona to request a copy of our Independent Contractor's Contract?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
the current treasurer of our comd. association went to our
the current treasurer of our comd. association went to our bank for signature cards. during her visit she discover thru bank a 26,000 c.d. dated back to 2002. We have never received any interest to th… read more
BartEsq
BartEsq
Attorney
Doctoral Degree
674 satisfied customers
I belong to a Home Owners Assoc(HOA).I was told by the Secretary
I belong to a Home Owners Assoc(HOA).I was told by the Secretary that work performed for the HOA did not require a 1099 since the HOA was non-profit and work performed was done by contractors… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,540 satisfied customers
If a Texas developer can create an HOA before homeowners exist
If a Texas developer can create an HOA before homeowners exist and there is not a board of directors how can he charge hoa fees? If his secretary is the treasurer for this hoa board that supposedly do… read more
Richard
Richard
Lawyer
Doctoral Degree
57,040 satisfied customers
I do not know who can help me as I thought I could go on the
I do not know who can help me as I thought I could go on the consumer protection law as the Board of Director is fining me, but per Psimmons, there was nothing I can do. I believe that is harrassment.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My friends next door neighbor is the secretary and treasurer
My friend's next door neighbor is the secretary and treasurer of the housing association for the condos where they live. The HOA secretary/treasurer handles the fees without separating them from her p… read more
Richard
Richard
Lawyer
Doctoral Degree
57,040 satisfied customers
I am on the board of an hoa. I called the lawyer that represents
I am on the board of an hoa. I called the lawyer that represents us in collections to clarify what is an indepenent contractor and was told they would get back to me. Instead they called the managemen… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x