Holmes

In this appeal, we conclude that the doorman at a condominium complex is the employee of the condominium homeowners association, but is not the employee of the individual homeowners merely by virtue of their membership in the homeowners’ association. For this reason, we affirm the trial court’s determination that the doorman’s civil action against a negligent homeowner is not barred by the exclusive remedy provisions of the Workers’ Compensation Act.

Facts

Appellant Marjorie Roth is a condominium owner in Los Angeles. Incident to her ownership, she is a member of the homeowners association (the association) which governs the complex in which her condominium is located. The association is a nonprofit corporation. As a member of the association, Roth pays a monthly assessment for the maintenance of the complex, as required by the association’s declaration of covenants, conditions and restrictions. A portion of the assessment paid by Roth is applied to the casualty, liability and workers’ compensation insurance which the association is required to carry.

Respondent Emmet H. Holmes is employed as a doorman at Roth’s condominium complex. His salary is paid by the…