Condo Disputes Involving Construction Defects

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Legal disputes involving condos can arise in many different ways, including abuse of condo owners by the homeowner’s association (HOA), HOA violations of state law, allegations that neighbors have violated HOA guidelines, nuisance claims, and many more. While any type of condo-related legal dispute can be complex, one of the most complicated can be disputes stemming from construction defects of the condo structures. If you incur financial losses due to defects in your condo complex, you may be entitled to compensation. Determining who may be held liable for your losses in this type of case can be very complicated and you should consult with an attorney who has specific knowledge of condominium law.


Who Is Responsible?

Imagine that you live in a condo and all of a sudden, you notice a serious water leak coming down through your ceiling and into your home, causing serious damage to the ceiling, walls, floors, and furniture. Of course, you will wonder who should be the party to compensate you for the damage. This is a complex question and the following are some parties who may be held responsible:

  • Homeowner’s association — While you own and are responsible for your own condominium unit, the HOA owns all of the common areas, which includes exterior walls of the building and roofs. If the leak is coming due to a defect or improper maintenance of an exterior component of the building, the HOA’s insurance policy should be responsible for covering any damage that resulted.
  • Other condo owners — If the water leak was caused because of conditions in a condo unit above or next to your own due to plumbing or other issues, the owner of that unit may be responsible and you may seek compensation from their homeowner’s insurance policy.
  • Developer or contractor — If the unit was recently built or if there was recent construction work completed on the building and construction errors led to the leak, the developer or subcontractor should be held liable for all damage caused.

Determining the exact cause of condo damage can often require careful inspection by construction experts. An attorney with experience handling this type of case will have the resources to ensure that you seek compensation from the correct party. If the matter cannot be resolved through insurance negotiations, a qualified lawyer can pursue a legal claim against the liable party on your behalf.


Discuss Your Situation With An Experienced Illinois Condo Litigation Attorney

Because of the many different parties that could potentially be involved in condo litigation, this area of law can be significantly more complex than other types of real estate law. For this reason, seeking assistance from a qualified condo litigation lawyer is critical to the success of your case. At the Jackson Abdalla Law Group, our experienced legal team has assisted condo owners and associations resolve a wide variety of legal disputes in an efficient manner. We regularly serve clients in Elgin, South Elgin, St. Charles, Bartlett, Carpentersville, and Streamwood, IL, so please do not hesitate in calling for a free consultation at 773-550-3853 today.



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