Who is responsible for damages caused by roof ice damming?

We’ve recently received many questions from condominium owners regarding roof ice damming and water staining or damage to interior ceilings or walls in their units.

Due to the heavier than normal snowfall in late November and early December followed by several sudden freeze-and-thaw episodes, ice damming has occurred on many roofs. An ice dam is the result of heavy snow accumulating on a roof, then a sudden thaw occurs and the gutters fill with melted snow. Then, a flash freeze occurs, and the melting snow turns into ice creating a damming effect, usually where the roof meets the gutter or where different roof elevations and angles meet. The melting snow has nowhere to go and it seeps back up and under the shingles and subroof on its way to the building’s interior ceilings, walls and floors. When it melts, water damage or water stains can appear on interior drywall surfaces.

The most common question we receive concerning ice damming is whether the association or individual unit owner is responsible for repairing the interior water damage or stains. Unfortunately, there is no one-size-fits-all answer, and a legal interpretation is required.

Generally, condominium associations are responsible for the roof that may damaged as a result of ice damming. Under most association declarations, the maintenance, repairs and replacements of the common elements are furnished by the association as part of the common expenses. Roofs are almost always considered part of the common elements.

Other the other hand, the responsibility to repair interior unit damage is not so clear-cut. First, the precise, legal boundary between the common elements and the unit must be determined. That depends on the wording of the association’s documents, the Illinois Condominium Property Act, the original development plat designating the unit boundaries and the precise location of the damage within the unit. The declaration or plat should designate whether the perimeter and partition walls, floors or ceilings constitute the boundaries of the unit or whether the boundaries extend beyond the walls, floors or ceilings.

The Condominium Act states that if perimeter and partition walls, floors or ceilings are designated as the boundaries of the units, all decorating, wall and floor coverings, paneling, molding, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces thereof, shall be deemed a part of such units, while all other portions of such walls, floors or ceilings and all portions of perimeter doors and all portions of windows in perimeter walls shall be deemed part of the common elements.

Therefore, if the association’s declaration or plat designates the perimeter and partition walls, floors or ceilings as the boundaries of a unit, then the association is responsible for the maintenance, repair and replacement of the walls, floors and ceilings, except for the finished surfaces (primer, paint, wallpaper, paneling, etc.). On the other hand, if the association’s declaration or plat extend the boundaries of the unit beyond the perimeter and partition walls, floors and ceilings, then they are considered part of the unit and, thus, the unit owner’s responsibility.

When considering responsibility for and boundaries between the common elements and a unit, it is important to consider the difference between perimeter walls vs. interior walls. Interior walls, floors and ceilings (e.g., those separating interior rooms, hallways or levels of the same unit) are the responsibility of the unit owner. Whereas, responsibility for perimeter (boundary) walls, floors and ceilings are determined by the associations governing documents as outlined above. Of course, any personal property located within the unit is the responsibility of the unit owner.

• Matthew Moodhe is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.