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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101010
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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My roof has been leaking months..roofers have been out 4

Customer Question

My roof has been leaking for 6 months..roofers have been out 4 different times..I now have 6 leaks...they have patched and patched and lastly they have put a membrane on part of the roof...after the rain last night it is leaking in one place my insurance responsible for paying for the re-carpeting cutting out the small hole in the ceiling and replacing the dry is my opinion that we need a new roof*( it is flat) and they are refusing to put on a new roof...what recourse do I have at this point? Thank you for your help.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) What state is this in?

2) Who are "they?"

3) Do you rent or own? If rent, then residential or commercial?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 11 months ago.
This is in the state of Illinois...the "they" are the roofers hired by the condo assn.and I own my condo and it is residential...thank you
Expert:  Ely replied 11 months ago.

Thank you. Please, tell me - is the roof considered (a) common area controlled by the COA, or, (b) it is your personal property but the COA has agreed per bylaws to maintain it?

Expert:  Ely replied 11 months ago.
I have to leave log off pretty soon, so I am going to provide an answer either way. Should you have a follow up, I will be able to reply within a few hours.
If so, then the COA has the duty to keep it in good repair. If they do not, then someone in your situation can threaten to sue the COA for negligence. The essential elements of a cause of action based on common law negligence may be stated briefly as follows: the existence of a duty owed by the defendant to the plaintiff, a breach of that duty, and an injury proximately caused by that breach. Kirk v. Michael Reese Hospital & Medical Center (1987), 117 Ill.2d 507, 525; Mieher v. Brown (1973), 54 Ill.2d 539, 541. The COA has a duty to take care of the roof, does not, and your property gets damaged as a result.
Then the claim is stronger against the roofer contractor themselves. Actually, the claim may be brought against the roofer (for negligence) but also against the COA (possibly for misusing the money to hire a bad contractor).
Because most of such matters settle out of court after a few threats, one may wish to retain counsel and write a DEMAND LETTER to the COA and/or the roofing contractor per the above. While not mandatory, perhaps the threat will have them spur into action to avoid liability. Let me know if you need a sample letter (however since I do have to step away now, I will have to reply in a few hours).
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 11 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!