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texlawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 4829
Experience:  I have assisted many customers and clients with their real estate questions and experienced in real estate litigation.
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My condo association attached a 3500. fee to my assessment

Customer Question

My condo association attached a 3500. fee to my assessment due to water leakage in the unit below me. Since the unit owner below me was on the board, they (the building) fixed his unit. According to my insurance the matter should have been worked out between the insurance companies. The other unit owner submitted the charges to his insurance company who paid him. The money is listed on my assessment and he received the money. They building gave me a letter stating I am not responsible for the money, but after a year they have still not removed the charge. It is affecting my refinance.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Chicago, Il
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  texlawyer replied 11 months ago.

Hello. I'll be happy to assist you.

On what grounds did the building tell you that you weren't responsible for the leak? Did they determine that it wasn't your pipe that caused the leak?

Customer: replied 11 months ago.
Would you be able to write a letter to the association, demanding the removal of the amount? The building hired people to search for the leak and so did I. The two experts did not agree. The insurance company settled stating it was not my fault. In the letter they state I am not responsible, but due to accounting they can't remove the charges from my account. They have contacted him and he has not responded to giving the money to the building, so they can't remove the charge until he determines/decides to pay. Keep in mind his bathroom was repaired for free by the building, and his insurance paid him the money for the repairs. He was voted on the board again last night. The building seems afraid of him, he is always threatening to get a lawyer.
Expert:  texlawyer replied 11 months ago.

I'm sorry, but the terms of Just Answer do not allow me to actually represent you. I can only answer questions you may have.

Expert:  texlawyer replied 11 months ago.

What I can tell you about your situation is that you (or an attorney) can write a demand letter to the association to remove the charge. In that letter, you can say that if they refuse to do so within some time period that you give them, you will bring suit against them, and that you will be seeking attorney's fees.

Customer: replied 11 months ago.
Ok thanks
Expert:  texlawyer replied 11 months ago.

Realistically, that's the only way to legally force them to remove the charge. And, like I said, the judge would have the option to require them to pay your attorney's fees. It would be silly for them to push this matter that far, especially since they've already acknowledged that you aren't responsible for the leak.

Expert:  texlawyer replied 11 months ago.

A strongly worded letter from an attorney may be the best way to communicate that before you have to litigate. In a situation like this, everyone loses in litigation - they have the expense, and you have the hassle and headache.

Expert:  texlawyer replied 11 months ago.

Do you have any questions? If so, feel free to ask. If not, please remember to "Rate" my answer before you go. Good luck.