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Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7208
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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In an Illinois condo building, if the Association sees a leak

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In an Illinois condo building, if the Association sees a leak from a unit and calls the plumber to come out and diagnose/fix the leak, and that leak is in an owner's unit, can the Association assess the unit owner for the plumbing service call?
Hello and thank you for your question.

This was a leak outside of a unit that was caused by a leak in an owner's condo?
Customer: replied 4 years ago.

The leak was seen in the unit below. The condo Board Chair called the plumber. The source of the leak was failed caulk between the upstairs unit bathtub and wall. No physical damage was caused. The responsibility for the cost for the plumber's visit to find the leak is in dispute.


Can the Board charge the upstairs owner for the cost of the plumber's diagnostic visit?

If the leak was caused by negligence on the part of the upstairs unit owner it would be proper for the Board to charge the unit owner for the cost.

In the absence of negligence it would depend on whether there is anything stated in the governing documents, bylaws, that assigns the responsibility for the repairs to the unit owner in the unit where the leak originated.

Please feel free to ask me any additional questions that you may have with regard to this matter.
Attyadvisor and 4 other Real Estate Law Specialists are ready to help you
Thank you.