Condo Association Management Blog

Excellent question. I look forward to hearing responses. We have some settling issues - and I wondered about the same. Not as severe though.

I own a 2nd floor condo in Illinois and have had ongoing problems with sinking. It has taken years of attending board meetings, contacting legal assistance - and, finally joining the board as a Vice President to get repairs done. State statutes should validate that "although the association did not cause the damage, it is their responsibility to repair it". I also went to our Property Management Company again - with documentation from engineers, insurance inspections.  
 
In Illinois we have legal aid available to seniors over 60 - no cost. Check with your neighbors - there are four units involved in my building. Numbers count - as a group you have more influence.  
 
Persevere - and don't give up! 
 

I had the same problem I live in a corner unit and water started to slip thru the bedroom when it rain really hard and living in South Florida is very frequent. 
 
The association repaired the outside wall damage but refuses to pay me for my personal lost specially my wood floors. I agreed to settle for 450.00 which is a fourth on the amount lost. Now they want to sign a release which I refuse

I am a licensed professional engineer and board certified building inspection engineer. I have reviewed this type of matter for a condominium in the past. I do not offer legal counsel as that is not my profession. But I do interface with attorneys to review the technical aspects of an insurance policies language. You are welcome to send me a copy of the associations policy and I can offer some type of commentary.

To Donna of Illinois 
 
 
 
Do you live in Mokena and are these units about 35 years old. I have the same problem in "A" units and it takes a lawsuit to get them going. The last one I fixed much of it myself but that is covered in the lawsuit. At least it can be lived in.

As a consultant with primary practice in Maryland, I have experience working with owners in correcting this problem.  
 
As J Block said, I am not an attorney and after 23+ yrs in the industry have working relationships with attorneys throughout the State. Also with structural engineers and governmental agencies throughout the State. 
 
The most recent condo client with this problem - took owners with the willingness to fight the investor owners who got elected to the board to avoid the expense of making the repairs and refunding the Reserve Account. From the beginning of the effort, County officials were contacted and regularly brought into the discussion to ensure that the repairs were made.  
 
The first board's attention was caused by a resale and the comments in writing by the inspector the purchaser utilized. About that same time, a second sale required some repairs which highlighted the issue.  
 
It took the County threatening the investor controlled board with condemnation to finally get repairs started. Unfortunately not all of the flaws were corrected and this condo will face another confrontation in years to come.  
 
My email is nancy@cpwi.com.  
 
 
 

I live in Downers Grove. Owners responsibility is from the wall plasterboard in and finished flooring up - i.e., tile and/or carpeting. Sub-flooring, as part of the structure, is the responsibility of the association.

You need to look at the policy. Most insurance policies do not have coverage for this type of loss.

I'm facing a similar situation in DC. 1 of our 3 buildings is "shifting" and in need of serious repair. We have little or no reserves and now are trying to figure out what to do. Do we sue the developer (condo conversion from rental to condo). Do we sue ourselves the Association? Will the master insurance policy cover such major repairs? Or does the building get condemned, then what happens? At this point only questions and no clear answer in sight.

Will, I'm a professional engineer on the west coast but nonetheless understand your quandary. If you don't already, you'll need a engineering assessment to scope out the limits of the repair work and estimated cost. Obviously there is the legal component. But that the basis for that must include the technical component that would be established by an engineer that can perform a building inspection assessment. Feel free to call me at 208-765-5592 and we can talk qualitatively.