Legal Question in Real Estate Law in Illinois

I had a water leak from my unit into the unit below me. The condo association hired a contractor to do the repairs and is charging the bill back to me. I am going to pay out of pocket so as not to take a hit on my insurance. Before paying, however, I want to ask the association to sign an agreement which states that once I pay this bill no other charges can or will be brought against me concerning this incident, nor will my insurance company be pursued. I have had a release and indemnification agreement drawn up but the lawyer who did it unfortunately was not very knowledgeable about condominiums. What I need to know is whom (as in the formal job title of the individual) in the condo association should I present this agreement to? Is this something that is commonly done (as I was led to believe by this lawyer) or am I asking too much by asking to be released of any further liability?


Asked on 10/27/17, 11:31 am

1 Answer from Attorneys
Stephen Messutta

You're asking us how to draft a document that an attorney you had draft already should be changed to make sure you're protected? You have an attorney but if you want one to do the job correctly you will need to get another one. That being said, it sounds like you want the Association to be party to the release and indemnification agreement, and that requires not only properly naming the association and having it approved and signed by one of its authorized officers, but also having the correct language of release and indemnity. If I were the Association attorney I should agree to give you this since it was the Association's contractors who did the repairs, and if there is a problem with their work you should not be on the hook.....

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Answered on 11/01/17, 11:00 am


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