SPRINGFIELD – The Senate today passed a homeowner protection measure out of its chamber that would allow condominium owners to pursue claims for shoddy and substandard craftsmanship.
Senator John G. Mulroe (D-10th) is the sponsor of the proposal that protects condominium associations by allowing them to seek legal recourse when the common areas of a building are found to be defective.
As condominiums are built, developers draft initial declarations and bylaws. There have been occasions where developers have drafted bylaws in a way that made it difficult for condo purchasers to file legal claims if the common areas of the building turned out to be structurally unsound or had any other significant flaw.
If someone intentionally uses substandard parts or labor on common areas, like roofs or foundation, Mulroe’s proposal protects condominium associations and their members in the way that was originally intended under the Condominium Property Act by allowing the board of directors to seek judicial relief against their condominium declarations if the declarations are contrary to the interests of the unit purchasers.
“Cutting corners on projects to save time and cost is wrong, but doing so purposefully, knowing that the unit purchaser will have no legal recourse is even worse,” Mulroe said. “We need to make these changes to the law so that consumers are protected from these sorts of scenarios.”
Current law makes getting around some condominium legal methods very difficult. These difficulties can result in unsold units and uninhabitable buildings. Mulroe’s proposal gives the condo board the right to sue the person responsible for the substandard work, even if the person responsible is the developer.
“The inability to address these problems adds to the housing slump and foreclosure crisis that we have been working so hard to recover from,” Mulroe continued.
The legislation, Senate Bill 2892, will now move to the House of Representatives for further consideration.
Springfield Office:Senator 10th District127 Capitol BuildingSpringfield, IL 62706(217) 782-1035(217) 782-2331 FAX District Office:6107 B North Northwest HighwayChicago, IL 60631(773) 763-3810(773) 763-3881 FAX