Legal Question in Real Estate Law in Illinois

Can towhnhouse association be sued for damages

I live in a 38 unit townhouse complex. Each unit is 3-1/2 levels. For approximately 3 years, there has been a roof leak that has caused interior damage to the middle level in my townhouse. Because the damage is on the ceiling in the middle level, I am assuming that there is also unseen damage above this ceiling. The townhouse association has been notified countless times, and they have not yet had the roof fixed, or my celing. Can I force the association to have the roof repaired and sue for the cost of the interior damage?


Asked on 8/28/03, 2:28 pm

2 Answers from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

Re: Can towhnhouse association be sued for damages

Yes, of course you can sue your townhome association. The question is: will you win? For that, you need to examine your potential causes of action against the association -- breach of contract, fraud?

You need a legal analysis on your potential claims, if any.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

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Answered on 9/03/03, 12:56 am
Mary McDonagh McDonagh-Faherty Law Offices

Re: Can towhnhouse association be sued for damages

You have to refer to your bylaws and declarations to see if there are any clauses therein to help you.

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Answered on 8/28/03, 2:54 pm


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