Legal Question in Real Estate Law in Illinois

I live in three unit condo building and the owner of the top (third) floor also has the rooftop deck above her. To get to her rooftop she has a Flight of stairs to an upper room that exits to the rooftop. On top of that upper room she has a skylight that developed a leak and ruined the ceiling of the room below. She wants the condo association to pay for the ceiling repairs. Should we?


Asked on 4/27/22, 8:35 am

1 Answer from Attorneys
Stephen Messutta

You'll have to look at the condo declaration. Most should have definitions of what are LIMITED COMMON ELEMENTS ("LCE"). Usually something that serves only a given unit like this skylight, is an LCE. While "LCEs" are still common elements and something the association has oversight on, many declarations also say that if it's an LCE the association can oversee repair but can require the unit owner to pay - like exterior windows in a given unit......

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Answered on 4/27/22, 12:08 pm


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