Superintendents are typically employed by the community association to maintain common areas and handle basic operations, such as HVAC checks, trash removal, and minor repairs. Their responsibilities are usually outlined in an employment agreement and further defined by the building’s bylaws.
While the idea of a superintendent performing quick fixes in a resident’s unit may seem efficient, insurance policies often say otherwise.
If a superintendent performs a repair in a unit and something goes wrong, such as damage or injury, the association could be held liable. Most association master insurance policies cover damage to common areas, maintenance of building systems, and acts performed within the scope of employment. Work inside private units, especially if not related to common element maintenance, falls into a gray area and may not be covered. That means the association could be on the hook for costly damages. In addition, if the super is sued, there may be no coverage. Normally, while working on the co-op’s behalf, the super would be insured/covered as part of the Who is an Insured section of the General Liability policy.
Insurance carriers often require licensed professionals to perform specific types of work, particularly in areas such as plumbing, electrical, or HVAC repairs. If a super is not licensed (as is often the case) and performs work on their own time that results in damage or injury, the insurer for the community association may or may not pay the claim, but it will raise a red flag as the insurer will now know that the association is hiring uninsured contractors. This is a problem everywhere, but even more so in New York, where the Labor Laws (injury to a contractor or their employee) are very unfriendly towards the property owner.
If a superintendent gets injured while doing work outside of their defined job scope, a workers’ compensation claim might be challenged or denied. This creates an additional layer of risk for the employer, who may face liability for medical costs or legal consequences.
There are some scenarios where a superintendent may be allowed to perform repairs inside a unit without violating insurance terms, however. In the event of a water leak, gas smell, or fire hazard, the super can typically enter a unit to perform emergency mitigation. These actions are generally covered by insurance, provided they’re within the scope of the super’s role and done to prevent further damage.
If a unit owner wants to hire the super to redo their kitchen, however, that’s different. That’s something that’s now completely separate from the association, and the association’s insurance will not step in because the super is no longer acting as an employee of the building.
To reduce risk and ensure compliance with your insurance policies, boards and property managers should review the superintendent’s job description to ensure it clearly restricts in-unit repairs to licensed professionals, unless the repair is an emergency or has been approved by the board. Always consult with the association’s insurance broker before implementing or revising policies around in-unit repairs.
Additionally, remember that anyone entering the building to perform work should use only their own equipment. The association should never lend out equipment, such as ladders or tools, because if something goes wrong with the equipment or it malfunctions, the association could easily be held liable for the accident.
Please don’t hesitate to reach out to us with any questions.