CondoBoardGuy
Junior Member
What is the name of your state (only U.S. law)? Illinois
I'm a board member of a 19 unit condo building in Chicago. We have, for some time, had no issue regarding damage to units and insurance claims. Our by-laws are old but basically standard and state that the association is responsible for damage to common elements and includes the units ceilings and walls up to but not including paint. To limit our liability, the association created an insurance document that I’ve pasted the details of below.
We are currently dealing with an issue where a resident is attempting to file a claim on the assoc. policy on damage that occurred OVER A YEAR ago to their ceiling due to a leaking overflow pipe on their upstairs neighbor's bathtub.
The upstairs neighbor, who has not owned the unit for some time informed the owner that their insurance denied the claim because it is the associations responsibility and the downstairs unit owner tell us her insurance told her to go to the association.
While we specifically state that the association is liable to damage caused by common elements, I am wondering if this is superseded by whatever the Illinois Condo Act states (I did some research and it appear to be that it can be interpreted different ways. )
Any help on whose responsibility this is would be greatly appreciated.
Owner Insurance Policy:
Each unit owner is required to obtain insurance on the contents of their own unit. This should include additions and improvements, decorating, furnishings, personal property and personal property stored elsewhere within the building. The Association’s insurance covers common areas only, and does not cover individual units or personal property of unit owners. For damage sustained in individual units from a common source, the building insurance covers inside the unit up to, and including the primer coat of paint. All other damage sustained is the responsibility of the unit owner’s personal insurance.
In addition to the insurance referred to above, each unit owner is required to obtain and maintain Liability insurance covering your personal liability for property damage to other units, the common areas or personal injury to any person as a result of anything that may occur in or from your unit, or acts of the unit owners and/or their guests.
I'm a board member of a 19 unit condo building in Chicago. We have, for some time, had no issue regarding damage to units and insurance claims. Our by-laws are old but basically standard and state that the association is responsible for damage to common elements and includes the units ceilings and walls up to but not including paint. To limit our liability, the association created an insurance document that I’ve pasted the details of below.
We are currently dealing with an issue where a resident is attempting to file a claim on the assoc. policy on damage that occurred OVER A YEAR ago to their ceiling due to a leaking overflow pipe on their upstairs neighbor's bathtub.
The upstairs neighbor, who has not owned the unit for some time informed the owner that their insurance denied the claim because it is the associations responsibility and the downstairs unit owner tell us her insurance told her to go to the association.
While we specifically state that the association is liable to damage caused by common elements, I am wondering if this is superseded by whatever the Illinois Condo Act states (I did some research and it appear to be that it can be interpreted different ways. )
Any help on whose responsibility this is would be greatly appreciated.
Owner Insurance Policy:
Each unit owner is required to obtain insurance on the contents of their own unit. This should include additions and improvements, decorating, furnishings, personal property and personal property stored elsewhere within the building. The Association’s insurance covers common areas only, and does not cover individual units or personal property of unit owners. For damage sustained in individual units from a common source, the building insurance covers inside the unit up to, and including the primer coat of paint. All other damage sustained is the responsibility of the unit owner’s personal insurance.
In addition to the insurance referred to above, each unit owner is required to obtain and maintain Liability insurance covering your personal liability for property damage to other units, the common areas or personal injury to any person as a result of anything that may occur in or from your unit, or acts of the unit owners and/or their guests.