Public adjuster for condo associations in Chicago: the master policy claim, worked with your board

When a storm, a fire or a burst riser damages a condominium building in Illinois, the claim on the master policy belongs to the association. I'm a licensed public adjuster in Illinois and Indiana, and I represent the association on that claim: I inspect the building, read the master policy, price the repair and negotiate it with the carrier.

The board and the property manager get written updates on what is agreed, what is disputed and what has been paid.

12(a)

The building is insured at full replacement cost

The master policy must cover the common elements and the units at not less than full insurable replacement cost, less deductibles.

12(f)

The association's policy pays first

Where an owner's own policy covers the same property, the association's policy is primary.

12(g)

The loss is adjusted with the association

The carrier settles a master policy loss by and with the association, and pays the association or its insurance trustee.

Where the master policy stops inside a Chicago condo building

Section 12 of the Illinois Condominium Property Act draws the line, and your declaration and the board's decisions fill in the rest. The parts in blue are on the association's policy. The dashed layer belongs to each owner.

1 2 3 4 5 6 7
On the master policyThe owner's layer
  1. 1

    Roof and roof deck

    A common element. On a flat Chicago roof the damage is often under the membrane.

    12(a)(1)
  2. 2

    Exterior walls and windows of the building

    Masonry, siding, flashing and the openings in them, as your declaration defines them.

    12(a)(1)
  3. 3

    Balconies and other limited common elements

    On the master policy unless the board has decided otherwise.

    12(b)
  4. 4

    Stairs, hallways, lobby and risers

    The shared core of the building, and the pipes and wiring that serve more than one unit where the declaration makes them common.

    12(a)(1)
  5. 5

    Bare walls, floors and ceilings of each unit

    Covered by the association's policy, except as the board has determined otherwise.

    12(a)(1)
  6. 6

    Fixtures the developer installed inside the unfinished surfaces

    Counted as common elements by the Act.

    12(b)
  7. 7

    Floor, wall and ceiling coverings, owner cabinets and appliances

    Not common elements. Owner improvements and betterments are on the master policy only if the association chose to insure them.

    12(b)

Code work after the loss: the floor the Act sets

Many Chicago condo buildings were built under older codes. When a damaged part is rebuilt, the city can require work the old building never had. The Act makes the master policy carry two coverages for that: Coverage B for demolition and Coverage C for the increased cost of construction.

Together they must be at least 10% of each insured building's value or $500,000, whichever is less. Your policy may carry more. I read the declarations page for the actual limits, and my article on code upgrade coverage in Illinois explains what the coverage pays for.

Insured value of one building10% of that valueMinimum for Coverage B and C together
$2,500,000$250,000$250,000
$5,000,000$500,000$500,000
$12,000,000$1,200,000$500,000
The rule is applied per building, so an association with three buildings has three limits to check. Figures show the statutory minimum only, worked from 765 ILCS 605/12(a)(1), which applies to policies issued or renewed on or after June 1, 2015.

Where the insurance money goes, in the order the Act sets

Owners ask the board when they will get a cheque. Section 12(g) answers it: the money follows the repair.

  1. The carrier pays the association

    Or an insurance trustee the association names for the purpose. The money is held in trust for the unit owners and their lenders, as their interests appear.

  2. Common elements and the bare unit surfaces are repaired first

    The roof, the walls, the shared core and the bare walls, ceilings and floors of the units. This is why the building scope has to be complete before the first payment is spent.

  3. Then any improvements the association insures

    Only if your master policy covers owner improvements and betterments. Many do not, and then those layers go to each owner's own policy.

  4. Owners share only a surplus

    After the common elements and the units are completely repaired, or when the association stops acting as trustee.

What I do for the board on a master policy claim

  1. A call with a board member or the property manager about the date of loss, the units affected and anything the carrier has already sent.
  2. I read the master policy, the declaration and any board decision on bare walls and limited common elements.
  3. I inspect the roof and the envelope as a HAAG certified inspector and licensed Illinois roofing contractor, and the interiors as a licensed general contractor. On a flat roof I test whether a repair holds, as on my commercial roof claims page.
  4. I write the estimate by building, floor and unit, with the code items listed apart.
  5. I meet the carrier's adjuster at the building and negotiate the scope.
  6. The board gets a written update after each step. If coverage is agreed and only the amount is left, we look at the appraisal clause together before anyone invokes it.

The first conversation, the inspection and the policy review cost the association nothing. If the board hires me, my fee is a share of the insurance payments on the claim, at the rate written in the contract signed before I start.

Two people at a grey wooden table, one holding a black pen over an insurance policy form on a clipboard, with a laptop beside them

Owners in the building have a claim of their own

Each owner's unit policy covers their layer and their belongings, and pays after the association's policy where both cover the same thing. If you own a unit and want your side handled, my page on condo insurance claims for unit owners explains how I work it next to the association's claim.

Tell me about the building

To start, I need:

  • the address and the number of units;
  • the date of the loss;
  • the claim number, if the association has one.

I speak English, Ukrainian and Russian.

+1 224-481-2095 volodymyr@staterestoration.us

Board members can reach me Monday to Friday from 7 AM to 7 PM, and on Saturday and Sunday from 9 AM to 5 PM.

A claim for a condo association

The building, the date of the loss and what was damaged.

I read every message myself and reply to board members and managers directly.

Questions boards and managers ask me

Who hires the public adjuster on a master policy claim?

The association, because it is the named insured on the master policy and the Act says the loss is adjusted by and with it. Your board decides who signs for the association. The contract names the fee rate before I start any work.

An owner wants to hire their own adjuster for the same leak. Is that a problem?

No. The owner's adjuster works on the owner's unit policy: floor coverings, cabinets they installed, their belongings. I work on the master policy. Because section 12(f) makes the association's policy primary where both cover the same property, the two estimates should be kept apart line by line, and I share the building scope with the owner's adjuster when the board agrees.

How long does the association have to act after a storm?

Read the master policy first: it sets the notice terms and the time limit to sue, and they differ between carriers. My article on Illinois insurance claim deadlines lists the dates to check. Report the loss to the carrier as soon as the board knows of it.

I am a licensed public adjuster working for policyholders, not an attorney. Questions about your declaration or bylaws go to the association's counsel. What the carrier pays depends on the master policy wording, and nobody can promise a result in advance.