Home Insurance in Chicago>Question Details

Condogirl, Home Owner in Chicago, IL

Where specifically in the bylaws does it address who is responsible for damage 2 a condo due to a common element?

Asked by Condogirl, Chicago, IL Thu Mar 24, 2011

I have damage to my condo due to 2 separate common element pipes leaking water into my unit. The association does not want to file a claim with the HOA insurance because they have filed too many in the past & are worried we will be dropped or fees will go up. So they are telling me that I should file a claim with my insurance company cause they will cover it. I called my insurance agent to run it by him & he said there is a chance my insurance will cover it, but they will first read the bylaws to see who it states is responsible for this damage because if it clearly states that the condo is at fault they will not pay on the claim. So my questions is (our bylaws are basic boilerplate) is there a specific section I should be looking at in the bylaws that could help me figure out what it says in regards to who is responsible? I've read them, but it's just not clear to me. The damage to my unit is severe, they cut open my floors to get to 1 pipe & rip open my wall & floors for the other.

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Good afternoon,

If you go through your insurance this counts as a claim against your policy. If the association wants you to use your insurance and you are okay with this, you should have them to pay your deductible for your insurance and also have them to tell you what section or paragrah of the buy laws have the information pertaining to common elements and responsibility. It doesnt make since to put in a claim with your insurance if they are going to deny it due to responsibility.Hope this helps you.

Side Note if it clearly states that its association responsibility then the association has to pay for it through insurance or out of the reserves!
0 votes Thank Flag Link Sun Jun 23, 2013
Hey Condogirl,

Call your association back and ask them to tell you where in the by-laws you can find this section & article numbers. Isn't that what you want to know?

Reading (and understanding) the by-laws in some cases can be a session in understanding law, especially if you're in a bigger building with many units!

Good luck to you!
0 votes Thank Flag Link Fri Mar 25, 2011

There are many good answers here. I also live in a condo. I would have your insurance look over the by laws and see if there is a claim you could file. I do not think there is and the HOA is responsible. Most importantly, if your HOA is not in financial trouble, I would tell them if they do not want to file a claim they should complete the repairs and pay them out of the HOA reserves. I am sure there is money set aside for building maintaince and unforseen repairs.

John Zloza
0 votes Thank Flag Link Fri Mar 25, 2011
This is a legal question, you should talk to your attorney about this issue.
0 votes Thank Flag Link Fri Mar 25, 2011
I would make sure the condo association will pay your deductible before filing with your agent. I understand trying to help the HOA, but it shouldn't cost you extra.
0 votes Thank Flag Link Fri Mar 25, 2011
Dear Homeowner,

Based on the information you have provided above, its seems that your condo association is/should be responsible for paying for damage. However, based on the kind of insurance policy you hold it may or may not cover the damage. If your bylaws are not very clear, It will best if you contact an attorney who is experienced in handling these kinds of disputes. A person who can review the bylaws enlight of today's legal practices . Hope this is helpful to you. Please feel free to contact me if you have any other questions that I can help you with.

Best regards,

0 votes Thank Flag Link Fri Mar 25, 2011
Sounds like your association has a financial problem. If it does not cost you to start with your insurance firm perhaps do that and if they say no after reading the bylaws take the letter they give you to the Board and insist that they do something.
0 votes Thank Flag Link Fri Mar 25, 2011
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