At the very least, anyone you hire to work on your property should be licensed. They should also have substantial experience doing the specific kind of work they will do for you, and have some references from people satisfied with their work. The HOA is justified in being concerned that an unlicensed contractor working in your townhouse might do something which damages the common area or other owners' townhouses.
The law treats an unlicensed contractor as your personal employee. If he gets hurt, you are liable for his injury. Since you don't have workers compensation insurance, there is no limit on the amount of his damages, and there is a presumption that you were negligent. How are you going to prove that you were not negligent.
Time limits are becoming standard, because too many homeowners and contractors let projects start and stop and get delayed. The unfinished work may be a visible blight to the community. A single worker might take months to do what a crew would do in a week. Meanwhile, the community has the worker's truck parked in front all the time.
If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.
Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on Sep 13th, 2017 at 11:33 AM