The HOA Board Quarterly Winter 2012 Issue #1 | Página 4

FIRE SPRINKLERS
Fire Sprinkler Inspections :
Fire sprinkler systems are designed to do one thing : save lives ! Contrary to popular belief , a fire sprinkler system is not designed to extinguish fires . They are designed to contain fires for a long enough period of time to allow the local fire department to arrive on scene and extinguish the fire through traditional fire fighting methods .
The ability of your sprinkler system to contain a fire depends upon its integrity and the working order of the system . The only way to keep a fire sprinkler system in working order is to perform routine inspections as mandated by the Nation Fire Protection Authority , your state ’ s Fire Marshall , and your local Authority Having Jurisdiction .
N . F . P . A . 25 is a codebook written specifically to discuss the various types of fire sprinkler inspections that are currently performed by state licensed fire protection companies . There are several types of inspections that need to be performed . You ’ ll find a detailed explanation about each type of inspection on the various pages of our website .

INSURANCE :

If you and your association are under the false impression that you don ’ t need work comp insurance because you don ’ t have anyone on payroll , think again because you could be in for a nasty surprise . Just ask the Montana Villa Homeowners Association who are now facing a back-breaking settlement which could easily reach a sum into the millions .
On April 11th , 2007 the Court of Appeals issued a far-reaching decision in the Heiman vs . Workers Compensation Appeals Board case which could establish future precedent for HOA associations . The ruling means your association could possibly be held liable to pay workers compensation benefits to an injured worker employed by an uninsured and unlicensed contractor .
How did this happen ? The association , after reviewing three bids to install rain gutters , decided to go with the lowest bid ($ 1050 for a 2 day job ) and hire Rubes Rain Gutter Service ( who happened to be uninsured and unlicensed ). Rubes then hired , Freddy Aguilera , a day laborer to perform some of the work for $ 65 a day . On the first day of the job , Mr . Aguilera touched a high voltage power line with the metal rain gutter and was severely injured , leaving him 90 % permanently partially disabled . ( In basic English this means you owe the injured employee 90 % of his future earning potential plus 100 % of all injury related medical
bills ) The Work Comp Appeals board originally found that only the property manager was jointly liable with the contractor for the paying the injured workers . The property manager ’ s work comp carrier , State Fund , appealed the decision . The court of appeals reversed the decision and found that the association was also jointly liable for paying the injuries .
Is your association at risk ?

1 ) Do your property manager and association require all contractors to provide proof of license and insurance when bidding for jobs ?
2 ) Are you and your property manager hiring only licensed and insured contractors for all jobs ( no matter how small ?)

3 ) Can you be absolutely sure that your pre-approved contractor has not allowed a lapse in license or insurance coverage at any time during and up to the completion of the work ?
If any answer is ‘ no ” you may not have the systems needed to fully protect your association !
Practical implications :
 It is not uncommon for associations to hire unlicensed and uninsured contractors to perform activities such as landscaping and gardening . If a vendor is uninsured at the time he is performing services at your premises you
INSURANCE CONT .
become the de facto employer for that vendor and his employees . If he or any of his employees get injured while working at your association you are now responsible for paying for those injuries .
There are only two ways to eliminate this exposure :
1 . Make sure that your vendors are licensed and insured as of the day they walk on to your premises .
2 . Purchase workers compensation insurance , like every other employer in the state . If you choose not to buy coverage , and you do not aggressively check for insurance , you are accepting a possible expense that can be hundreds of thousands dollars , when a vendor ’ s employee gets hurt at your association .

Does your property manager and association require all contractors to provide proof of license and insurance when bidding for jobs ?

• Are you and your property manager hiring only licensed and insured contractors for all jobs ( no matter how small ?)

• Can you be absolutely sure that your pre-approved contractor has not allowed a lapse in license or insurance coverage at any time during and up to the completion of the work ?

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