Legal Question in Real Estate Law in Illinois

Recent condo purchase with rooftop deck not up to city code
We purchased a condo 6 months ago that had a wooden rooftop deck that was built over garages in the rear of the building. The condo building was built in 2000 with the deck being added in 2001 after the original construction of the building and the garages. We have now learned that the garage rooftop was constructed to hold only 40 PSF rather than the 100 PSF required by the city to support a rooftop deck. We have also learned that a building permit was not obtained by the past association when the deck was constructed. We now have a structural engineer coming out to determine the cost to bring the deck up to code. Is this something we are now liabile for? The individual who sold us are unit voted to have the deck built without a permit though this was not disclosed to us when we purchased the property. Do we have any recourse we can take against the Deck company who built the rooftop deck since it was not within the city's building codes?

Asked on 1/23/05, 1:10 pm

Zedrick Braden III Ainsworth & Associates PC

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Re: Recent condo purchase with rooftop deck not up to city code

Hello. A cause of action, in my opinion, should

be directed against the previous owner since

he or she failed to make full disclosure to you.

This is a very serious matter and could cost you

thousands of dollars. You may want to file a

lawsuit.

I will be happy to answer any additional

questions that you might have.

Answered on 1/23/05, 4:02 pm

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