Legal Question in Real Estate Law in Illinois

Condo liability for Hot Tub on common area deck

We live in a six unit condo building with each unit having a wooden deck off the back. There are stairs providing a back exit to each unit as well as connecting each of the 6 decks behind the units. A member of the condo association has installed a hot tub on the deck behind his unit. There is not a fence completely surrounding our property and the stairs lead to the backyard that allows access to a back alleyway. If a claim were to be incurred, would the association have any liability? Are the decks behind the units considered 'common areas' or do they belong to the owners of the individual units? Is there a way to have our condo bi-laws amended so any possible liability for the hot tub would fall solely on the hot tub owner rather than the association?


Asked on 1/23/05, 12:13 pm

1 Answer from Attorneys
Jay Pollak The Pollak Law Firm, LLC

Re: Condo liability for Hot Tub on common area deck

The first thing you must do is read the condo declaration to determine who controls the decks. There is some times a "limited common element" in the declarations and my guess is that the deck falls within that defination. And the the declaration will outline the responsibilies for the limited common elements. If it is part of the common element then everyone can use everyone else's deck. I would doubt that is the case. You can amend the by-laws. See your by-laws themselves for the method of amendment. But regardless of what you do if a problem arises I would guess that the association and all the owners might get sued and changing the by-laws won't stop that. But requiring the unit owner to indemnify everyone via insurance might be a good idea. Good luck.

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Answered on 1/23/05, 12:27 pm


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