One of the burdens with owning a condo is that plumbing failures and water damage will happen. When these issues occur in your Chicago condo, who should fix them? Is it the job of your HOA, or are you personally responsible for the plumbing problem?
In most cases, the best answer is IT DEPENDS. Depending on where the plumbing issue and water damage happen, as well as the cause of the problem, according to Mark Thomas Management company, financial responsibility for the plumbing malfunction can either belong to the homeowner or the HOA.
That is why it is essential to read and understand the governing documents of the building when investing in a condominium in Chicago. This page will explain how responsibility for all repairs and maintenance in the building will be split between the owners and the HOA.
Typically, responsibility for plumbing repairs and water damage will be shared on the following basis:
- Plumbing failures and water damage inside a personal dwelling are the owner’s responsibility.
- Plumbing problems that happen outside a personal dwelling are the HOA’s responsibility.
But based on these rules, it is not always clear who has responsibility for pipes within the walls of the building. What do the state laws say about these issues?
The Illinois Condominium Property Act and plumbing damage
The following rules serve as the basic framework for assigning responsibility for plumbing failure and water damage in condos within Chicago city. These rules hold unless a specific clause in the HOA documents that overrules them.
The responsibilities of the HOA
- Drain lines, plumbing and water lines are part of the plumbing responsibility of the HOA.
- If there are tenant-owned units in the building, drain lines, water lines, and plumbing used by more than one unit in the building are the responsibility of the HOA.
- For major repairs, such as when a complete re-piping service is needed, the HOA may require residents to pay a part of the bill.
The responsibilities of the owner
Homeowners are responsible for everything inside their unit – including the plumbing – if those features are not shared with other units.
In cases where the HOA governing documents include “a bare wall provision,” shared water pipes may fall within the owner’s responsibility.
Disputes can be avoided by proper understanding and discussion of the governing documents.
How to avoid plumbing maintenance disputes with your HOA
Conflicts arise when the Condo Association Board and homeowners disagree on plumbing issues in the building. Disputes can be avoided by proper understanding and discussion of the governing documents. Some of the things homeowners should seek clarity on include:
The section of the governing rules covers condo association water damage responsibility. Look for the HOA water intrusion policy on the association website or the HOA management software.
What are the steps when a plumbing failure or water damage result from negligence by the condominium association? Condo owners should not be responsible for such plumbing problems, regardless of where it occurs inside the building.
However, for the previous rule to be enforceable, the governing document should explain how the HOA will do plumbing maintenance. What is the frequency of maintenance, what sections of the plumbing are included, and how will maintenance be done?
Additionally, terms such as “common area” and “exclusive use common area” should be clearly defined in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). That will help homeowners determine the plumbing fixtures that belong to each area of the building.
What to do if there is a plumbing failure in your Chicago condo
When there is a plumbing failure in your condo, you usually want to protect your property and fix the damaged plumbing fixtures as quickly as possible. Here is what you should do to minimize plumbing damage and avoid issues with your HOA during a plumbing emergency;
Determine the cause of the problem
It is easier to assign blame when the cause of an issue is known. You can find the cause of the problem by inspecting the damaged area or, better still, hiring an expert.
Inform the HOA
Prompt communication about plumbing issues will make it easier to avoid conflicts with your HOA. Immediate action also helps you prevent more damage.
Work with your neighbors
If the water plumbing problem and damage affect another unit in the building, you must find ways to work with the other homeowner.
File an insurance claim
How you do this depends on who is responsible for the damage. If the HOA is responsible, the claim must be filed with the master building policy’s insurer or the master CA policy. Otherwise, file the claim with your insurer.
Does your HOA cover plumbing and water damage in your Chicago condominium? The correct answer to the question depends on the details of the HOA governing rules and the nature of the plumbing problem.