Q. One of our elderly condo owners was found dead in his unit. His newspapers were piled up for 10 days. His mailbox was full. It is unclear whether neighbors reported this to the condo manager. He used to go to the manager's office two or three times a day. Does the manager have a duty to check on people when there are suspicious absences? I stated in a non-threatening way to the manager that she might have taken the time to check on this man. Should anyone be responsible to do this?

A. Neither the manager nor the board have a legal obligation to check on the residents. That being said, however, there is a moral duty that we all share as human beings to be concerned about the welfare of others, especially the weak, the infirm and the aged who may live near us.

It might be a good idea to suggest to the board to consider establishing some arrangement by which the residents check on each other periodically, especially if there are others in your building who are at risk because of health or aging problems.

This could be done by residents in neighboring units voluntarily knocking on doors or phoning those individuals on a daily basis. Or if a more formal approach is preferred, perhaps the board could set up a committee to evaluate alternatives.

Q. Our board of directors passed a resolution citing a 2002 statute and Section 12 of the Illinois Condominium Act. They are mandating that all owners provide a certificate of insurance showing they have $100,000 of coverage for unit-to-unit damage that is caused by the negligence of the owner/guests/residents/invitees.

This insurance must cover the deductible of the owner whose unit is damaged. The board also states that any owner not purchasing said insurance will be provided with it at the discretion of the board and have the cost added to monthly assessments.

My insurance company says such coverage is very difficult to find and his company does not offer it and that a homeowner's policy should cover any such unit-to-unit damage. I would appreciate any help you can give regarding whether or not the board is being reasonable with this request and if it is standard and customary.

Also, is my agent providing solid advice? If this is not something that is common practice, what may be board be up to? Why may they find such a requirement necessary now and not when the measure became law in 2002?

A. What your board is requiring is exactly what is stated in Section 12(h) of the Condo Act regarding mandatory unit owner coverage. The board has the discretion to require unit owners to have such insurance to cover any damage that you or your family or guests cause to other units -- think of an overflowing bathtub when the water is left running and leaks to the unit below. Since this type of coverage is strictly up to the board -- they can require it or not -- there was no time limit set for the board to do so. It could have done so in 2002 or in any subsequent year that the law is still on the books.

Your agent is correct in that a typical condo unit owner's insurance policy -- known as HO6 in the industry -- should provide against unit to unit damage claims along with other coverages such as for personal property and other types of liability. Insurance brokers have told me that no insurer has yet come out with an insurance policy that provides only for the mandatory coverage in Section 12 (h).

If you do not provide the certificate of insurance required by the board, it does have the authority under the law to obtain the coverage and bill you for it.

But that's where a problem emerges for a board. Since there is no such insurance of this type separately available in the market place, if an owner balks at acquiring it, the board may not be able to do so. There is also a question whether a board has the necessary insurable interest in a single unit to be eligible to obtain the coverage but it is likely that it does although there may not be universal agreement on this point.

My advice is to obtain an HO6 policy, which makes sound financial sense for an owner in the event of any loss such as from a fire in the building or unit.

Freelance writer David Mack can be reached by e-mail at speed14@urbancom.net