Liability of Condo Associations for Damages Caused by Failure of the Common Elements

As a practitioner for many years in the area of association law, I have been aware of a long-standing difference of opinion among association attorneys as to the obligation of a condominium association to pay for damages caused to the Common Elements (CE), Limited Common Elements (LCE), and to the Units and personal property of owners by the failure of the CE. An example would be water damage caused by the failure of the roof to keep rain water out. On the one hand, some association attorneys argue that an association’s only obligation with regard to such an event is to repair and replace the CE, up through the primer paint covering the walls of a unit      Read the article………….


Related Articles

The Blame Game

in a condominium, the party responsible to pay for damage may not be the same as the party who caused the damage

Legislation aimed at delinquent homeowner association members (DE)

Homeowner associations in Delaware do not have the authority to “compel” its delinquent members to pay their part of the shared costs.

Summary of condominium property act changes for 2016 (IL)

Laws were enacted in 2015, effective in 2016, affecting Illinois condominium associations and common interest community associations. Today’s column will