Q. Who is responsible for repair of a fence between properties?  The fence to the east of us is falling down and needs repair. It seems like the posts are the problem, which are on our neighbors side. The "nice side" faces our property.

If it is their responsibility or if it is shared, what is the best way to approach the subject with them?

A. This question is often the subject of many law student exams because it can pose many very complex issues that touch on multiple versions of property rights and property obligations between neighboring parcels.  In response to this question, it is absolutely impossible for anyone to say, specifically, who may bear the ultimate responsibility for this fence without a full review of the survey, the deeds, the legal descriptions of the property, and a specific analysis of where the fence is located to compare it to those documents. 

Generally, when there is fence between properties,

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.

Search Articles...

Member Login

Membership Plans

Subscribe to the Chicago Condo Resource to access our Members Only Content.

Subscribe to Newsletter

Seminars & Events

No events
March 2017
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31

"Ask the Expert"

How does a board get a unit owner to repay them for repairs?

Q. On two occasions a unit owner refused to pay for plumbing repairs for a faulty ice maker line in her unit that was leaking into the common basement.  The board was forced to pay both plumbers.  How do we get her to pay back the board for her leak repair?

What can a condo board do about personal items in common areas?

Q. We have an absent owner who no longer lives in the building but has rented out his unit.  We have been after him for several months to get his stuff cleaned up from the storage area that is common space and put into his assigned area of 4' x 6'. He has ignored all requests.