Who is Liable for Structural Repairs: Condominium Associations or Unit Owners?

When condominium associations are faced with structural repairs, one of the most challenging questions that arises is: who should bear the cost? The court’s decision in Faddis v. Board of Directors of 1850-56 N. Lincoln Avenue Condominium Association, 2014 IL App (1st) 132484 (unpublished order under Supreme Court Rule 3), highlights the importance of carefully evaluating the facts before imposing the full burden of repair costs on a single unit owner. While not precedential, this case provides essential guidance for boards, managers, and condominium owners navigating disputes over repair responsibility.

 

Background: Condo Board President Discovers Damage

Michael and Elizabeth Faddis owned a first-floor condominium unit in a 12-unit building. In 2006, they began renovations in their unit. The work included removing a partition wall with built-in cabinets and framing adjacent to the kitchen. They did not seek approval from the condo board before performing these renovations, nor did they obtain a building permit. During the work, the Faddises discovered a damaged interior beam, a common element, and attempted to reinforce it before covering it with drywall.

Years later, Sarah Owen, who owned the unit directly above (and happened to be the condo board president), began noticing cracks and gaps in her flooring. The Board retained an engineer, who found that an interior support beam was severely compromised and at risk of collapse. The Board concluded that the Faddises’ renovations compromised the structural integrity of the building, making them solely responsible for the nearly $32,000 in repair costs.

When the Faddises refused to pay, the condo board recorded a lien on their unit and filed a forcible entry and detainer action to recover possession of the unit. The Faddises countered with a chancery suit, seeking a declaration that they were not solely responsible for the repairs and requesting removal of the lien. The two actions were consolidated and proceeded to trial.

After a bench trial, the circuit court sided with the Faddises. The court found that the defective beam predated the unit owners’ renovations and that their removal of the cabinet partition, which was not designed as a load-bearing wall, did not cause the structural deficiencies. The trial court held that the repairs were the responsibility of the condominium association as common expenses, not the sole responsibility of the Faddises.

The court also noted that the Condo Board President (Sarah Owen) herself acknowledged that unit owners, including her, frequently made renovations without Board approval or permits. This undercut the condo board’s argument that the Faddises’ failure to obtain prior approval was dispositive. Ultimately, the court ordered the Board to release the lien and rejected the condo board’s possession claim.

 

The Appellate Court Rules Against the Condo Board

On appeal, the condo board argued that the trial court erred in failing to hold the Faddises responsible under the condominium declaration’s negligence provisions. Specifically, the Board relied on sections that prohibit alterations that impair structural integrity and require unit owners to reimburse the condominium association for damage caused by their negligence.

The Appellate Court affirmed the trial court’s ruling. The court emphasized three key points:

1. Insufficient Record on Appeal – The condo board failed to provide a complete record of the trial proceedings, relying instead on a limited bystander’s report. Under Illinois law, when the record is incomplete, reviewing courts presume the trial court’s ruling was correct.
2. Preexisting Structural Deficiency – Even if the record had been sufficient, the evidence supported the conclusion that the beam’s deficiencies predated the Faddises’ renovations. Expert testimony established that the beam was inherently defective and in danger of collapse regardless of the unit owners’ remodeling.
3. No Causation – The removal of the partition may have unintentionally worsened the beam’s performance, but the trial court found, and the appellate court affirmed, that the partition was not a load-bearing wall and the Faddises could not reasonably have known it provided incidental support. Therefore, the Faddises were not liable for the entire repair bill.

Accordingly, the Appellate Court upheld the trial court’s judgment, affirming that the condominium association could not shift the full cost of the repairs to the unit owners.

 

Why This Case Matters for Illinois Condominium Associations

While the Faddis order cannot be cited as binding precedent, it offers valuable lessons for condominium boards throughout Illinois.

1. The Importance of Evidence and Process

Condo boards must carefully investigate and document the cause of structural issues before assigning costs to a particular unit owner. Here, the Board’s reliance on assumptions, rather than clear causation, undermined its position. Condominium associations should always obtain professional engineering reports and maintain detailed records if they intend to assess costs against a single owner.

2. Common Elements Are Generally a Common Expense

The Illinois Condominium Property Act requires condo associations to maintain and repair the common elements. Unless damage is directly caused by a unit owner’s negligence or misconduct, those costs must be shared proportionally among all unit owners. Attempting to shift the entire cost to one owner without clear proof of negligence risks litigation and reversal.

3. Condo Board Consistency and Governance

The court noted that multiple unit owners, including the condo board president, had performed renovations without approval or permits. This lack of consistency weakened the Board’s credibility when it argued that the Faddises’ failure to obtain permission was improper. Condominium associations should enforce their approval procedures uniformly to avoid claims of selective enforcement.

 

Conclusion

The Faddis decision underscores that unless there is clear evidence that a unit owner’s negligence caused damage to common elements, repair costs are a shared responsibility. Condo boards should not rush to impose the full financial burden on one owner without thorough investigation and documentation. Doing so not only risks legal liability but also undermines trust among residents.

At Hirzel Law, PLC, we regularly advise Illinois condominium associations on repair responsibilities, cost allocations, and enforcement of governing documents. Our attorneys are experienced in navigating complex disputes involving structural repairs, liens, and common expenses. If your association is facing questions about who pays for major repairs, contact us to ensure you are acting within the law and protecting your community.