Legal Question in Real Estate Law in Illinois

Without reviewing those bylaws it would be really quite difficult to give you an answer.

The determination would have to depend on what the By-Laws stated. It is either your property or common area.

If the flues are connected, then they are probably limited common elements. That normally puts them under repair and maintenance control of the association but the declaration and bylaws may state the unit owners are responsible although the association can always step in. The thing is that in your case depending on how many units there are, it may make economic sense for the association to handle it. If your flue serves only your fireplace/chimney, however, it may be considered part of your unit and you may be responsible. In older buildings declarations and bylaws, and especially the surveys, often did not get this specific, however, so there may be an argument either way. Depending on cost, you may want to lobby for a single contract for the whole building through the association, or because of the cost of review might outweigh the sweep's costs, just pay it. It may just be an economic decision.

Stephen gives an excellent response. However, without reading the bylaws and knowing the specific configuration of your flu, it is impossible to provide you with a definitive answer.