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Uninsured scrap metal guys come into our co-op to collect metal from the Superintendent on occasion. What is the libaiity situauion if they are entering the building?
Thanks
Give everyone a break here. Two people trying to make a living in a tough economy.
Bob
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Sorry Bob - that is not a realistic answer.
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It is a realistic answer but not the one you were hoping for. You would prefer if I had mentioned what if the person fell on premises and liability etc. This is a very minor issue when you think of all the other activities going on in the real estate industry. I am sure your building has far greater issues to worry about.
Bob
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Gee, and I was wondering why your Super has so much scrap metal to sell out of your building and where is it coming from? If it is from your building then it is the property of the shareholders and the money is theirs, i.e. the Super is selling your property out from under you, hope it's not copper wire and piping!. If that is the case, then you real liability is your super. THis actually is the realistic question, what on earth are they doing steady business on, and if your Super is out collecting it locally while he is paid to be in the building doing your work, that's a problem, if he is storing it on your property from the outside, it's a problem, if it's from your building it's a problem. SO, I think you need to have a very detailed and thorough chat with your Super about this and get to the bottom of it. It's fine for people to make a living, and on his own hours his time is his own, but if he brings it into the building it now, rightly becomes an involvement for you, whether he or you like it or not. there is a difference between Real Estate industry issues and the issues that a building, personally has to deal with. I would also posit, that depending on the truthful answers to the questions, it might not prove to be so minor at all. Not to be a stiff about it, but if in fact the material is coming from the building itself, without your prior knowledge and permission, which would be the case, then this is also the person with the keys to every apartment, and the charge account at the local hardware store. So,...? potentially an issue, and then again, maybe all is fine, it just begs the question doesn't it?
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i was going to say the same as the other poster, if the material is coming from your building it is the buildings property and they should get the money. If it is a small amount of stuff that is not worth the time to go to the scrap dealer, since your still going to have pay someone, why not leave it out near the garage in a different colored bag and let the person know they need to pick it up that night.. Or if there is room to store it until it is saleable, like it sounds like he is doing, continue, but let the bldg get the money. I am sure there are plenty of pick up salvage yards.
I worked for a company that dealt with a lot of 24 gauge copper wire , and even 30 yrs ago, the bags of left over trash wire were weighed and accounted for by the company Even back then a great percentages of firings were due to someone trying to bypass the recycle room and bring it home to sell..
Also if he is doing it on his own time, and not the buildings material, and deals with moving heavy stuff,the building may risk work comp claims for non work related injuries.
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Our building has a parade of food deliverymen all day every day, as well as the usual mail, UPS, FedEx, and residents guests. Any one of them could injure themselves in some way. Do your best to provide a safe environment for all, at all areas of the building, inside and out. Accidents are just that, accidents, and occasionally someone will get hurt.
We dispose of lots of metal, besides the normal tin cans, foil pans and pots and pans. Steel bed frames, metal chairs, tables, appliances, vacuum cleaners, CRT tv's and computer monitors, to name a few. Does the super remove the steel frames from sofa beds? He should be discarding the wood frame separate from the steel.
Is the staff (super/porter?) just putting these metal materials to the side, and letting the scrap guys come and pick it up weekly, saving himself the trouble of hauling it to the curb? Some of this stuff is awkward to carry or to bundle for sanitation. Is he getting any money from the scrap guy?
We have a local entrepreneur who picks up our deposit containers, gives us $.06 per item, and the porter sorts and bags them on our time. We split the proceeds with him. None of the resident children/teens have any interest in cashing them in for the deposit.
You need to look more carefully at what's being done and decide how you want to handle it. Maybe you're coming out ahead since the super/porter is not spending time hauling it out.
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Dear dsi and yonkers, where did you come up with the notion that the super was out collecting scrap and bringing it back to the building to sell. The original post said occasionally the super has someone come by to see if there is scrap metal. Please stick to the facts. Your imagination is running wild here.
Bob
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Sorry Bob, it doesn't say that, it says 'coming into the building to collect metal from the Super on occasion'. Our response is germane to querying the source - internal or external. Each has a different factor attached to it, that impacts liability, and employee's time. it extrapolates from there. Nothing was mentioned otherwise by Nina as to how the visits are arranged or occur other than the timing which was occasional.
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anytime a contracor enters your premises, you are liable. That is why ,when a repair or work is done in an apertment under the ownership of a shareholder , they have o furnish the building with a copy of the shareowners insurance for work conp and liability.
usps,fed e telco have their own plans ince they have regular work in your building, however if you have a vicious dog, or uncorrected loose banister or a trip and fall you will be sued by them or by workers comp as a third party. Sellling scrap metal is a busness and the super would be working as an independent contractor, however , the co-op would most likely eat the WC and medical if an injury happened. I dont know how much more clear i can make it, In most co-ops, at least in the one i am in, the owner is responsible to bring the material to the recycle area in bundles that are easily moved
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Also it is called due diligance of the board members and fidicuary responsibilty to the co-op. Items Board members are accountable for, sometime with zero o and B ins coverge.
Plus if a shareholder wrote a letter stating the situation and worried about the possible problems.
Then there is an injury, the shareholder provides the insurance company with the letter, the board may be on theor own dime,and cant , or should try and get compensated bt the co-op. It is the shareholders right to look out for his money, especially when the board members refuse to. If it is tour moay do what you want, mess with my money, i will use tactics to protect myself. I tried to explain this to some board members and they didnt hve the spins to do it and it looks like it will be costly to them.
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