Laura Byers – Condo property damage lawsuits are not an uncommon occurrence unfortunately and dealing with them can be complex, time-consuming, and costly.
The use of condos as a low-cost and low maintenance lifestyle choice is something that appeals to a great many people, but disputes and damage issues is inevitable when so many people share common space.
We spoke to some condo dispute experts at Illinois legal experts Keiss George LLP about how best to handle the situation where there is damage to the condo.
Suppose you have sustained damages to your condo property and wish to file a lawsuit for compensation. In that case, it is worth the time and effort, as condominium associations are legally required to compensate for damages to your unit.
Who Can File a Condo Property Damage Lawsuit?
A condo owner can file a lawsuit against their condo association if they have suffered damages that are the association’s responsibility. These damages may include repairs to common elements, personal property, or any other injury to a person or property.
If the condo owner has suffered damage that is not covered by their insurance, they can file a lawsuit against the condo association for negligence. The suit must be filed within two years of the injury date and with the help of a Condo property damage lawyer in your area.
It is obviously important to know exactly what the ‘local’ rules are relating to your condo. Reviewing the regulations and laws that govern the condo is vital. There may be Homeowners Association (HOA) rules that apply and rules relating to the association governing the condo itself.
What are Some Types of Condo Property Damage?
Condo properties usually have many units that share a common property. This is why condo owners are often concerned about the damages that other people can cause them.
You should be aware of several types of condo property damage, which include:
- Damage to the building structure
- Injuries to residents and visitors
- Damage to the building’s exterior and interior
- Damages to other units in the building, such as broken windows or doors
- Damage to the building structure
- Dents, cracks, and further structural damage
- Obvious signs of water intrusion
In any case, you need a professional Condo property damage Lawyer consultation to get help with the lawsuit. If you keep that in mind and take proper advice, you can win your case.
What is the Process for Filing a Condominium Dispute?
Condominium disputes are a complicated issue, and it is essential to understand the process for filing them. Many parties are involved in a condo dispute, and navigating the complex legal system can be difficult.
The first step in the process is determining the type of complaint you want to file. There are three options:
- An action against another party
- A petition for relief
- A request for an order of possession
The next step is to identify which court has jurisdiction over your complaint. A court has jurisdiction when it has power or authority over an entity or subject matter that is involved in your case. You will then need to file your complaint with the appropriate court clerk and pay any required fees.
You will also need to serve your complaint on all defendants by using one of these methods:
1) personal service
2) certified mail
3) registered mail
4) delivery by a law enforcement officer
If the defendant is a minor, his parents must take the service. If the defendant is not a resident of your county, you will need to serve a copy to the county’s sheriff or chief administrative officer.
Condominiums are designed for people to live in and enjoy. They are supposed to be safe, comfortable, and secure. When there is damage to the property, it can be a severe issue for the owner and the other residents and it is important to navigate the legal rules relating to condominium damage issues, which may include arbitration, mediation or dispute resolution procedures.
If it is a lawsuit that is necessary then a condo property damage lawyer who has experience in this area can help you get compensation if you have been injured or lost your belongings due to someone else’s negligence. If a resident has an issue with their neighbor’s property, they should talk with the homeowner.
The role played by the HOA’s governing documents is important and so too are the intermediate steps that can or should be taken, including the mediation and arbitration options to resolve the dispute.
Using an independent third party is useful but using a real estate lawyer with experience is normally also an essential step in what can be a complex and involved process for those involved in the condo dispute process.
Source: Laura Byers writes on consumer and related law issues including for LawFuel, LinkedIn and other publications and online sources.