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My unit requires $30,000 to repair extensive damage. Am I solely on the hook for the expense? PDF Print E-mail
Sunday, 05 February 2012 20:46

Q. I own the top unit of a 3-unit condominium block.  Approximately three  years ago I started having problems with water penetration into my unit which over the years has sustained some incredible damage.  I have spent the last couple of years battling with a very inexperienced association that failed to take action. 

After investigation the necessary repairs have included rebuilding parapet walls, capstone replacements around perimeter of building and an entire new roof and joist system at considerable expense to the association.  Now that the exterior building repairs have been completed I have had a mold remediation company in to assess the damage and quote for repairs.  To remediate all the mold damage (there is a lot) the total cost is approximately $13,500 and this does not include the cost of building-back the destroyed dry walls etc, plus the damage to floors and skirting that got progressively worse over the years.  The total cost to repair my interior and to return it to the state it was when I bought my unit is estimated to be in the region of $30,000.  This water damage is unequivocally related to the exterior building construction faults which the association already took responsibility for.  I do not want to pay the 30k myself, and I don't want to go to war with the association but we have had many fall outs over the true responsibility of the different costs and now I have requested that the association take responsibility for returning my unit to a liveable state.  However, they are as yet unresponsive and I don't expect them to co-operate.

The reason I am writing is because I want to determine what the 'right' thing to do here is, and by that I mean what is supported by the laws.  Should the association pay for the damages as they pertain to problems with the building or am I just out of luck and need to find the $30k myself?  If I do have rights here and the association should honor their obligations, then should I proceed with finding a lawyer and suing the association? Appreciate any advice on this matter from anyone.

A. As a first word of caution, each declaration for Illinois condominiums may be different and it is important to review each situation with an attorney to get a full assessment of a unit owner's potential rights to recovery for interior damage.  Additionally, this is not specific legal advice and I cannot provide guidance on which a unit owner could rely in this answer.

Generally, though, water damage situations are increasingly common with Chicago condominiums.  Many buildings see infiltration from the exterior walls into units that can cause some serious damage.  Often, declarations will specify who, between the unit owner and the association, bears responsibility for repairing or compensating water damage caused from a fault or infiltration from the common elements.  A unit owner's obligation usually begins and ends with their own unit - often from paint and varnish inwards to the interior elements.  An association would generally be responsible for maintenance of the exterior common elements and points in between the units.

When water damage strikes, the responsibility to repair or replace damaged items can be very different depending on how each specific property arranges liability in the declaration.  Often, a condominium association declaration will apportion damage responsibility for common element failures to the association, with interior unit damage being the responsibility of the unit owner.  Should that damage occur from a common element failure, such as a water leak from a common element fault, the association may be responsible.  However, many declarations contain a term that obligates a unit owner to exhaust or rely upon their own homeowner's insurance for the unit when damage occurs.  Many declarations contain terms that make unit owner insurance policies responsible for replacement or damage repair to the extent that they cover the damaged item, such as an interior unit element.

What this normally means is that a unit owner should review their declaration and insurance policies with an attorney to evaluate who may be responsible for repair or replacement of the damage to a unit owner's interior elements.  It is usually best for a unit owner to contact their insurance carrier for homeowner's insurance to determine if the loss is covered.  In some situations, homeowner's insurance carriers will resolve damage issues with the association's carrier.  In some cases, litigation may be a suitable option to enforce a unit owner's rights to recovery for that damage.

Unfortunately, there is no simple answer to a water damage question which is why many result in litigation and extensive damage claims.  Hopefully, the question poster will obtain legal advice and review their options to determine what the best result may be. 

James Stevens, Condo Law Columnist
Nielsen, Zehe & Antas, P.C.

 

 

 

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