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Condo | HOA Lawyers

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.

 

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