Condominium Staff can either be independent contractors or operating as employees of the Association. This greatly determines what laws work for which condominium and whether co-sharing of the staff with unit owners is achievable. Most associations do not prefer co-sharing of Condominium Staff with unit owners because of insurance policies and definitions of tasks handed over to the staff.

Insurance coverage may not be available for independent contractors, which means when an accident occurs they are not covered. An association may not wish to take responsibility for this, even if it’s for a contracted employee because most likely the insurance cover is for Common areas only or work covered in the scope of duties. This means it would be outside the scope of work of the employee to get into a unit owner’s home for personal use unless they are doing it out of an agreement that does not include the association.

It can be considered a breach of fiduciary duty for the association to promote such practice because of promoting owner responsibilities with common funds. The declarations of an association provide rules for use of common expenses and personal owner use may not be one of them. The association may however direct their condominium staff to come into a unit owner’s home to do repairs or maintenance of common elements in extension of the association’s duty.