Board of Directors of 175 East Delaware Place Homeowners Association v. Hinojosa
Illinois Court of Appeals
679 N.E.2d 407 (1997)
After a dog was killed by another dog in the building, the Board of a 45-to-92-story condominium building (plaintiff) adopted a rule banning dog ownership, using authority the declaration gave it to make reasonable rules for maintenance, health, and safety, even though the declaration and bylaws said nothing about pets. Carlson and Tessler bought a unit, signed an agreement acknowledging the no-dog rule, then got a dog anyway; when they refused to give it up despite fines, the Board placed a lien on their unit. They later sold the unit, subject to the lien, to the Hinojosas (defendants), and the Board sued to foreclose. The trial court found the rule unreasonable, and the Board appealed.
Whether a condominium association board that adopts a rule restricting property use must show that the rule is reasonable in both its purpose and its application.