Elmwood Park, IL asked in Real Estate Law for Illinois

Q: What is a Condo Board function in transfer money from building insurance to incur damage 3 condo owners ?

Condo board received payment for flood damage for 3 units. Boards payed out us only 50% and requested form us to sign 1) complicated 16 page agreement ,2)certificate of limited warranty, 3)final waver of lien.Why Board required from us to sign those papers? Insurance already made payment by sending the check to Board and gave us damage estimates. We think: when Insurance made payment and sent us estimates therefore insurance finalized the whole process. Board is only obligated to transfer money to us not to obstruct process.

Related Topics:
1 Lawyer Answer
Mazyar M. Hedayat
Mazyar M. Hedayat
Answered
  • Romeoville, IL
  • Licensed in Illinois

A: The Board of your Condominium has duty to all residents/members to ensure that insurance proceeds are applied properly for repairs. Once those repairs have been completed, the Board is responsible to ensure that any applicable warranty is honored. Finally, the Board is also required to prevent the placement of any claims by workers against the Condo Association - i.e. to prevent the placement of a Mechanics Lien. It appears that in this case your Board wants you to agree to certain safeguards before passing on proceeds to you for the repair of common elements or even your own units.

You cannot get a fully satisfying answer unless you bring the documents in question to a local Attorney and find out more. Details make a big difference is such situations. I hope that this information has been helpful. Best of luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.