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I am on the board of a condo association. My question concerns an incident with our maintenance man and property man & property

Saint Petersburg, FL |

I am a board member. The other day I went to the maintenance man to ask him to follow up on a resident concern (ant infestation). My time was limited, as I was leaving for the afternoon and wanted to make sure I handled the resident's concern. I approached the maintenance man who was on his lunch time. As soon as I spoke he went off on a tirade calling me every "F" explicit possible. I called the property manager to inform of this incident and to inform that I would be filling a grievance report.
The property manager stated that although the maintenance is on their payroll that he is really an employee of the association and therefore the Board would have to address the incident. My question - who's employee is he and who is responsible for the maintenance man's actions?

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Attorney answers 2


Again, not enough info.

I served on a condo board once, and it depends on whether your place is self-managed or professionally managed. In professionally managed condos the workers are usually employees of the manager. It looks like your property manager gave you the dodge.

This is something you should bring up with your board counsel/lawyer and discuss in a board meeting. It should be clearly defined where the lines of authority lie as regards workers, and then the responsibility should be appropriately born.

Call a meeting if you have to.

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There are situations where the maintenance people are employees of the association and the management company processes the payroll. Find out who's tax ID makes the payments by demanding proof from the property manager. Ask for a board meeting to address the incident immediately. If he is an association employee the board can vote to discipline him or terminate his employment. If he is an employee of the property management company I suggest you discuss new property managers because this indicates laziness to do the job. Meetings to discuss personnel issues do not need to be noticed. Meetings to discuss replacing property management companies do need to be noticed.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case.