Legal Question in Real Estate Law in Illinois

Re: frozen pipes in foreclosed unit

Your HOA should immediately initiate repairs. If entry to the unit in question is necessary, that can be accomplished under the emergency doctrine. It would be nice to know whether the former owner had an insurance policy in force. Good Luck!

Re: frozen pipes in foreclosed unit

I am not an expert in condo law, but as an individual, you do not have a right of self-help beyond what the Association Articles provide for. That would be your starting point. Any action taken should be taken by the condo Association and with knowledge of the new owner - title has probably passed, regardless of 'possession'.

I would think since the entire building is affected, that infrastructure is involved and that would mean that the Association has more rights than might usually be the case.

As to who pays, my guess is that the Association will wind up doing so. Until title passed, the previous owner was still responsible for the upkeep of the unit, but I have my doubts as to the his/her ability to do so. IF the bank was not the owner, they will not want to pay and will delay doing so as long as possible even if it is important to do so in order to sell the property.

Personally, I would try to get the pipes fixed ASAP and fight out who pays later. My guess is that the Association will end up paying anyway. Of course, a special assessment might shift some of the cost to the owner of the unit in question.