Legal Question in Real Estate Law in Illinois
Where does liability for property damage lie?
We experienced severe property damage (water)to our walls and ceilings from the condo unit above. Partial ceiling had to be removed and replaced.The unit owner (he rented to tenants) was not helping or returning calls.We went to the association that directed us to our Homeonwers Ins. The claims adjuster after reviewing our bylaws stated that the association was responsible for the interior damage b/c it is common element/we for the paint.A contractor came for estimate which we gave to association(we are member managed)they gave the go ahead to begin work and 1/2 of the estimate to begin work.The work is almost finished and the association now said they will not pay.Our insurance will not help, association will not help, and owner will not help.The association was looking into putting a lien on his property.I know that the unit owner above is ultimately responsible, but what is the correct way to go?We do not want to stiff the contractor waiting for payment, but do not want to assume responsibility.
Your adivice is greatly appreciated, do we have to sue? We were also in a hotel and couching it for several nights.Please help. Thank you.
1 Answer from Attorneys
Re: Where does liability for property damage lie?
The property owner above you is ultimately responsible. However, the condo association is also responsible for damage to common areas/ structure. You ma have to sue both. That is a determination you'll have to make. Please call for an appointment.
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