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

L.H. Hipshire v. Oakwood Village: Why Ohio’s Supreme Court Dog Bite Case Matters for Community Associations?

The Ohio Supreme Court is currently weighing a case, which may have significant implications for condominium and homeowner ...
Read More →

How is the Use of Employees, Contractors, and Volunteers Impacting Association Liability?

For community associations, engaging the use of employees, independent contractors, or volunteers each present their own unique advantages and liabilities. Understanding these ...
Read More →

Kaman & Cusimano Partners Nick Meinert, Scott Weiss and Dan Miske attend CAI’s 2025 Congressional Advocacy Summit

Kaman & Cusimano Partners Nick Meinert, Scott Weiss and Dan Miske attended CAI’s 2025 Congressional ...
Read More →

Kate Bushey was elected to a second term of the CAI 2026 Business Partners Council

Kate Bushey was elected to a second term of the CAI 2026 Business Partners Council. ...
Read More →