I noticed a leak in my condo and brought it to a board members attention. The board has just went self-managed and many owners are concerned about it but are just sitting back waiting for it to fail. I live in a 40 until condo building. So I have this water leak and its minor but its a leak regardless. I would like it fixed. Its coming thru the door frame and leaving a streak that needs to be wiped clean often yet its a small leak. It may very well get worse. There is no damage yet in the ceiling or anywhere else yet. Its coming from somewhere in the walls. The board member says it will be most likely the cost charged back to me. I told him when I was on the board as President and when it was managed by a mgmt company anything within the walls is common area and is covered by the building. We are in Chicago. He is now telling me that in the bylaws it says its my cost. I told him he his full of it. The declaration says:a
" Common elements are Except as otherwise in this declaration provided, the common elements shall consist of all portions of the property except the units. Without limiting the generality of the forgoing, the common elements shall include the land, outside walks and driveways, landscaping, stairways, entrances, and exists, halls, lobby, corridors, basements, roof, structural parts of the building, component parts of walls, floors and ceilings and pipes, ducts, flues, shafts, and public utility lines serving the common elements or more than one unit.
He says that maybe the leak is coming from a pipe serving only my unit and if it is then its my expense. I said to him that all these pipes connect and provide service to everyone - how are you going to say a common pipe in a wall somewhere is my responsibility....
Any help would be greatly appreciated.
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