QUESTION

What can an HOA do if I obtain an Owner/Builder permit to upgrade my bathrooms?

Asked on Sep 06th, 2016 on Real Estate - California
More details to this question:
I would like to upgrade my bathroom, replace tub, toilet, vanity. My HOA is insisting that we have a licenses plumber do the work. If I obtain an Owner/Builder permit from the City can I hire whoever I want to do the work? I have a homeowners insurance with $300,00 in liability for any unforseen incidents that could occur.l
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Yes, your HOA can and should insiste that you use a properly licensed contractor to do that kind of work. You are connecting the tub, toilet and sink to commonly owned building plumbing. The HOA Board has a fiduciary duty to all the owners to make sure that the work is done properly. That means, at the very least, a licensed plumber. The plumber's reputation and history of complaints should also be investigated. If the HOA were my client, I would insist on references, and I would call them. If the plumber or any of his or her workers are injured on the job, your insurance won't cover it, because unlicensed contractors and their employees are automatically your personal employees. There is a Labor Code statute that imposes this. It is intended as a punishment against property owners who hire unlicensed contractors. As your personal employees, you are required by the Labor Code to carry Workers Compensation insurance on them. Neither the contractor nor you can obtain such insurance, because the contractor is unlicensed. Since you don't have Workers Compensation insurance, you are presumed to have been negligent in connection with the injury, and there is no limit on the damages the injured worker can claim. Presumed negligent, means that you will have the burden of proving that you were not negligent and that all requires safety procedures were followed. Since the workers were supposed to be covered by Workers Compensation insurance, your liability insurance won't cover injuries to any of them. Getting a license is not that hard. If your contractor doesn't have a license, there is probably a good reason why the State of California doesn't want him working on your home. The few extra dollars in requires are well worth it. 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.  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, 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 07th, 2016 at 9:50 AM

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