Special Assessing an Insurance Deductible Back to a Unit Owner

In Illinois, a Court recently ruled on a Condominium Association’s attempt to charge back an insurance deductible to one of its members (Gelinas v. Barry Quadrangle Condominium Association, 74 N.E.3d 49 (2017)). This particular association had a fire originate in an owner’s unit resulting in damage to not only the specific unit, but the entire building. The Association made a claim with its insurance company and received reimbursement for the necessary repairs to be made. The Association then held a hearing and levied an assessment against the Unit Owner in whose unit the fire originated.

The Unit Owner paid the assessment levied against him, but then sued to recover the amount paid on the basis that the levy was improper pursuant to the Association’s bylaws and Illinois law governing condominiums. The Court ultimately held that the assessment was properly levied and dismissed the Unit Owner’s case.

Lesson. Many rules subject Association’s to possible liability, but if the rules are written properly, the Association can hold unit owners accountable, even for insurance deductibles. However, failing to have proper documents or failing to follow them can result in significant expenses to the Association that can’t be recovered.

If you have any questions, please feel free to contact us.

 

Categories

Three bars icon gold

Recent blog Posts

Three bars icon gold

What is a reasonable late fee for delinquent community association assessments?

Community associations depend upon the timely payment of assessments to maintain operations and protect property ...
Read More →

Owner to Owner Dispute – Lessons in Property Transactions

Owner to Owner Dispute – Over a Driveway Easement and Boat Slips:  A recent case perfectly illustrated the importance ...
Read More →

What Should Every Board, Owner, and Manager Know About Amendments?

If you serve on a condominium board, manage an HOA, or own property in a ...
Read More →

Winter Weather Reminders for Community Associations

As we deal with extreme winter weather, community association boards are dealing with challenges that come with snow, ice, ...
Read More →