Legal Question in Real Estate Law in Illinois

My Condo association is demanding to use my outdoor spigot to water the common areas, and place these charges against my personal account with the Village of Palatine, without my permission. Is this legal?


Asked on 9/28/15, 7:42 pm

1 Answer from Attorneys

Assuming what you say is absolutely correct, you're right. But I would have several questions:

(a) Is your unit separately metered for water? Ie. does each unit have its own meter? If so the association may have a right to source water from you but must reimburse you even if then the charge is added to the common expenses.

(b) Is this the only outdoor spigot and could it actually be looped into the common water? If it is, the developer may just have put the spigot near your unit for convenience sake. If so there should be no way for the association to bill you back because the usage should be off the common meter.

(c) Watering the common elements (not common areas) is an association responsibility. Even if the developer goofed up and tied the only outdoor spigot to your unit's metered water, the association really has a few choices (i) if the spigot is actually looped to your own separate water meter make an ongoing arrangement with you to use the water but reimburse you for each use based on municipal cold water rates applied to your meter reading and/or install at common expenses a submitter off yours and add its own spigot off that, and reimburse you accordingly, but either of these can lead to disputes if meter readings are not the same, or (b) pay the money to have a common line with spigot installed that does not run through your meter at common expense.

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Answered on 10/04/15, 11:00 am


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