We recommend that condominium and homeowners associations, whether managed or not, with or without employees, maintain at least a minimum premium workers’ compensation policy in the association's name. A workers’ compensation policy in the name of the manager or management company may not respond appropriately in the event of an employee related injury. Additionally, we recommend that the Association require certificates of insurance from all subcontractors, regardless of whether the subcontractor is considered an independent contractor and not an employee of the association.

Under Colorado law, anyone who subcontracts any of its work out to another is an employer for workers’ compensation purposes, unless the entity to which the work is subcontracted fits within the specific definition of independent contractor set out in CRS § 8-40-202(2)(b); CRS § 8-41-401.

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