Condo and townhome hail claims: who actually files?

The adjuster who inspects your roof is hired and paid by the insurance company.

They stand in the driveway, look up at the slope, and ask a question you have no reason to know the answer to: this looks like wear and tear to me — which of these marks is hail?

That question is the whole claim. Knowing which mark is hail, documenting it, and defending it when the answer is challenged is what a licensed public adjuster does.

Two things worth knowing before you call. Your deductible is yours to pay on any claim, whether or not you have help with it. And the fee for that help is set in writing before any work begins.

This is the question that costs owners the most time. In most Illinois condominium and townhome developments the roof is common element, insured under the association's master policy, while the inside of your unit is yours. One storm therefore produces two claims with two different people responsible for filing them — and the one nobody files is usually yours.

Read the declarations, not the deed

The split is set by your association's declarations and bylaws, not by a general rule, and developments differ. Some master policies are written 'all-in' and cover fixtures and finishes inside the unit; others are 'bare walls' and stop at the drywall. Which one governs decides whether your damaged ceiling is the association's problem or yours.

Ask the association for the declarations and the master policy declarations page. You are entitled to them, and reading them before you file is far cheaper than discovering the split afterwards.

The deductible is where owners get caught

Master policies on multi-building associations frequently carry large deductibles, sometimes assessed per building. If the roof damage lands under that figure the association may not file at all, and the repair becomes a special assessment shared by every owner.

That is a decision made by a board, not by an adjuster, and it is made on the numbers in front of them. A documented scope that reflects the real damage changes the arithmetic the board is working from.

Your unit-owner policy still matters

An HO-6 unit-owner policy typically covers improvements and betterments, personal property, loss of use, and — importantly — loss assessment coverage, which responds when the association levies a special assessment for a covered loss. Loss assessment limits are often low by default and can usually be raised for very little.

If the association files and settles short, the shortfall reaches you as an assessment. That is the moment loss assessment coverage matters, and it is the coverage most owners do not know they have.

Your claim clock

Illinois sets no statutory deadline for filing. The limit is your policy's suit limitation clause, commonly about one year from the date of loss, and your policy's terms control. Under 215 ILCS 5/143.1 that period is suspended between your proof of loss and a formal denial.

Common questions

The association says the roof is not damaged. Can I do anything?

You can have the roof assessed independently, and you can put the result in front of the board in writing. The association controls the master-policy claim, but a board acting on one inspection is acting on one opinion, and boards do revisit that when somebody documents what was missed.

Can I file on my own policy for roof damage?

Generally not for the roof itself if it is common element — that belongs to the master policy. Your own policy responds to what is yours: interior damage, personal property, improvements you made, and any special assessment levied for the loss, subject to your loss assessment limit.

What is loss assessment coverage?

A unit-owner policy provision that pays your share of a special assessment the association levies after a covered loss. Default limits are commonly modest, and raising them is usually inexpensive. It is worth checking your limit before a storm rather than after.

Does the association's deductible come out of my pocket?

Often, indirectly. If the association files and the deductible is large, the uninsured portion is typically spread across owners as an assessment. That is exactly the situation loss assessment coverage exists for.

Prefer not to call? Text 847-208-8380 or email tom.jtpa@gmail.com

Hail claim help by county: Cook County · DuPage County · Kane County · Lake County · McHenry County · Will County

Start here: Hail damage: start here

Sources: Where these statements come from