I live in a subdivision that has no common interest other than our roads/easement
. It is a "Standard" subdivision so we don't have "board" members just a committee of which I am a member, one of three, the forth member bowed out tonight.
The issue: We hired a landscape contractor
who also happens to be a homeowner
. Last year he did a stellar job and no one complained. This year, can't say the same. Because he's a neighbor
, we also made the mistake of not asking him to provide proof of insurance. I had a gut feeling that the young man he had performing the actual work was not on his payroll, consequently not covered by Workman's Comp. I didn't want to make a big deal of it so as a committee member, I asked if he'd have his insurance company pdf us a copy of his insurance and the names of his employees that are covered under it. It's been 10 days with no reply other than he emailed me another contract (we sent him that we had drawn up including verbiage to the effect that he would hire only legal citizens and that he would maintain Worker's Comp and General Liability insurance). He deliberately left that section out of his contract. That omission pretty much confirms what I was feeling.
Our CC&Rs explicitly state: TO HAVE ONLY LICENSED CONTRACTORS EVIDENCING ADEQUATE INSURANCE PERFORM WORK WITHIN THE DESIGNATED RIGHTS OF WAY, WHETHER SUCH WORK IS PERFORMED AT THE DIRECTION OF AN INDIVIDUAL PARCEL OWNER OR THE NAUTICAL HEIGHTS MAINTENANCE ASSOCIATION
I recommend to the other committee members that we tell him to cease any further work until he provides us with proof of insurance. Now I find that I am in the minority because the other committee members have homes for sale and they want to make sure that the landscaping
looks good, apparently at any cost. I on the other hand do not want to risk everything I own because this contractor won’t provide us with proof of insurance. I feel like we’re sitting ducks.
My question is this: Is there any way that I can legally protect myself from liability if something should happen since I have been out voted? I know in my heart that I am right about this, and short of moving, which I don’t want to do, I don’t know how to protect my assets because of the foolish decision these other committee members are making.