Water leaking into your condo unit? – Chicago Tribune

Q: I own a unit on the first floor of a small condominium building. At my expense, I replaced my kitchen window; however, when it rains, I still see water dripping into the window frame. The window installation company inspected the window, stated the installation was correct and opined the water is coming in from deteriorated tuckpointing near the window. The association board refuses to take any action, claiming the water infiltration issue is my problem because I replaced the window. Thoughts?

A: Section 18.4(a) of the Illinois Condominium Property Act says a board of directors is responsible for maintaining, repairing and replacing the common elements. If the common element tuckpointing and/or waterproof membrane underneath the masonry is insufficient or deteriorated such that water is penetrating into the building cavity, the board must repair the water infiltration as a common expense.

The board's failure to maintain, repair and replace the common elements is a breach of its fiduciary duties. If the board continues to refuse to maintain the common elements to stop the water infiltration into the building cavity (and thus, your windows), a unit owner has the right to file a lawsuit against the board members for breach of fiduciary duty, or more practically, may seek board approval for the owner to take corrective action to stop the water infiltration. After the repair, the unit owner can decide whether to pursue legal remedies against the association for reimbursement.

Q: I am a board member of a condominium association, and there is a unit owner who routinely harasses the board with endless questions and demands for documents. The most recent demand was for all financial records and statements of the association for the last 10 years, which equates to thousands of pages of documents. The requestor's alleged "proper purpose" as required by the Condominium Property Act is to determine if there is financial mismanagement by the board. What is considered a proper response?

A: Section 19(a) of the Condominium Act states that unit owners are entitled to inspect and obtain copies of books and records of account for the current and 10 immediately preceding fiscal years. According to Section 19(e) of the Condominium Act, the unit owner must state a proper purpose for such records and the records must be produced within 30 business days of the unit owner's request.

The association may charge the unit owner the actual cost of retrieving and making the requested records available for inspection as well as the actual cost to the association for such copies.

A proper purpose under Illinois case law cannot be for purposes of harassment and retaliation. A mere statement alleging financial mismanagement may not be sufficient depending on the facts and circumstances of the request, and the past conduct of the unit owner toward the board.

Q: I am on the board of a self-managed condominium association, and the association needs access to a penthouse unit to investigate and repair water infiltration coming from the roof. However, the unit owner will not allow access to the unit unless the board provides a copy of the contract with the association's architect and answers other questions. Can a unit owner condition access upon delivery of a contract and information?

A: Legally speaking, a unit owner cannot condition the board's access to a unit for maintenance, repair or replacement of the common elements when emergency repairs are necessary to prevent damage to common elements. Section 18.4(j) of the Condominium Act expressly gives the board such authority to access a unit for the above purposes.

However, as a practical matter, seeking court intervention to exercise such a right would cause a significant delay in investigating and making such repairs, even though the board would be able to recover its legal fees according to Section 9.2 of the Condominium Act.

The practical solution is to give the unit owner reasonable information to solicit his or her cooperation. Unit owners are entitled to inspect copies of contracts to which the association is a party upon stating a proper purpose, according to Section 19 of the Condominium Act.

CondoAdviserQuestions@lplegal.com

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Water leaking into your condo unit? - Chicago Tribune