HOA liability with nannyshare
We have an on-the-books nanny share and live in a condo building (we are renters). A meddling neighbor has suggested that this poses liability to the HOA in case of a slip and fall or similar. The HOA doesn't allow businesses in the building, and knowing that a household employee situation could technically be considered a business enterprise, I'm worried she's going to try to force us to find an alternate childcare situation. (We are doing a nanny share instead of daycare for covid safety, and meanwhile everyone else in the building is working from home, so it seems quite unfair to target us. There haven't been any complaints or issues with the nanny share being in our apartment.) Anyone have any experience with hosting a nanny share in a condo building or insight into liability to the HOA from a nanny share? Ideally I could tell her that something pre-existing indemnifies the HOA so she won't try to torpedo this setup or call our landlord and try to get us kicked out. Thanks in advance for any advice!
(Moderator Note: Here's a similar question from 2018: https://www.berkeleyparentsnetwork.org/questions/nanny-share-regulations)
Parent Replies
A nannyshare is an employer/employee relationship in the same way that many other household workers are--and I'm guessing there are others in the building who use housecleaners or other household workers. That said, you should definitely have workers' comp for a nannyshare (in a condo or in any other setting). Call your insurer for your renters' policy and see if they offer it; if not, they can likely refer you for a freestanding policy. That would become the primary policy for any injury on the job, which should hopefully put the neighbor's mind at peace.
I am so weary of meddling neighbors, sigh. I am 100% positive that there is nothing in your lease that prevents you from paying someone to perform a service in your rented home. Otherwise, renters would be prohibited from hiring babysitters, housecleaners, dog walkers, housesitters, home health workers, etc... which would be completely ridiculous! If the HOA doesn't allow businesses in the building, that presumably refers to people running their OWN business out of their unit, not hiring someone else to perform a service. That being said, if you want to protect yourself from a slip and fall lawsuit, or even just to appease your neighbor, you could purchase renters insurance with liability coverage.
Agree 100% with the post below. It is NOT a business run out of the condo. You are the employer, the nanny is the employee, or independent contractor. Perhaps the nanny has a business, but she is not running her business out of your condo unless she has a nursery school. i wonder if people working from home have enough to do. Good luck.
I just wanted to say that I'm sorry you're dealing with this. It's absurd that at this point in the pandemic people do not have appropriate empathy for the challenges parents face. What are you supposed to do—quit your job so you can watch your kid all day? Somehow I don't think this neighbor would prefer that alternative (and the collateral damage it would likely cause). Good luck.