My condo building was destroyed by fire, can association president be sued?

Asked over 1 year ago - Chicago, IL

The fire happened in the president's utility closet where the furnace was housed. The fire was so intense in that area that the cause could not be determined. This president has a history of not maintaining furnaces; an earlier fire happened in the furnace room of the basement because of lack of maintenance. The president also voted against a hardwired alarm which is required by law in Chicago. Can a by-law that protects the president against being sued be circumvented?

Attorney answers (3)

  1. Alexander Mchenry Memmen

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . Usually, members of the board are protected, unless their actions are willful and wanton. Hopefully, you have been made whole (or at least close) via your homeowner's insurance. See an attorney.

  2. Anthony James Zeoli

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Generally members of the board/officers are only protected to the extent that their actions (or inactions) do not amount to gross negligence or willful/wanton misconduct. Whether or not the president’s failure to regularly maintain the furnace rises to the level of gross negligence would be something for a court to determine and, as stated, I would leave it to your Homeowner’s insurance company to initiate that investigation/litigation. That being said, to the extent you are not made whole by the insurance I would consult an attorney and (if the deficient amount is the result of an estimate you do not agree with) get an independent estimate of the damage and file an errors and omissions claim against the insurance company. If you would like to discuss the matter in detail we can give you a complimentary consultation. Either way, Good luck!

    Anthony J. Zeoli
    Attorney At Law
    Hecht & Seidman, LLC
    (773) 983-9133
    azeoli@hechtseidman.com

    DISCLAIMER. The above post is provided solely for general informational purposes. Any information in the above... more
  3. Brandy Ann Peeples

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . If your homeowners insurer suspects that your president was negligent, it may take appropriate action on your behalf.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more

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