Legal Question in Real Estate Law in Illinois
Condo sewer back up
Who is responsible for the cost/maintenance of a sump pump for a condo if it resides inside a homeowners unit?
The basement floor of my condo recently flooded after a bad storm when the power went out.
I live in a 6 unit building. The format is 3 and 3. I live in a first floor down and my neighbors have the only sump pump for the building in their unit. The sump pump is not in a common area, it is in my neighbors laundry room and was part of the original construction of the building.
The unit owners of the first floor units would like to have the condo association pay for a back-up sump pump to be installed. The other unit owners do not think it is their responsibility, while I think the sump pump is part of the foundation, thus subject to support by the condo association.
1 Answer from Attorneys
Re: Condo sewer back up
Wow, that's a good question. Ordinarily I'd say it's an association responsibility. But perhaps it only serves the 2 bottom units since it's not in a basement. The only way to answer your question is to look at your association docs (Declaration, By-Laws, etc.) and to research it to see if there's ever been a similar factual situation and how that was resolved. You'll probably have to pay an attorney to do those things. Or maybe if you can find an attorney who specializes in representing associations, he'd know the answer off the top of his head (try Elliott & Associates in Des Plaines).
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