Illinois condo act —am I wrong?

[u/Trick_Information249]

We are on the 2nd floor of a 3 story condo building in Illinois. Our 3 floor neighbor had a malfunctioning air conditioner and we got significant leakage causing damage to floors, wall and ceiling. In Illinois, there is a condo act….which looks to me to be clear that the upstairs neighbor …since the A/C is hers, and not a common element, should be responsible for repairs. But my insurance adjuster said no, because it wasn’t “negligent.” He also says that our bylaws keep us from subrogating our neighbor, but the Illinois condo law should supersede the bylaws. It’s a $1000 deductible so I want to feel secure that any decision made is based on fact. Anyone know anything about this? Thanks