Board of Directors of 175 East Delaware Place Homeowners Association v. Hinojosa

287 Ill. App. 3d 886, 679 N.E.2d 407 (1997)

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Board of Directors of 175 East Delaware Place Homeowners Association v. Hinojosa

Illinois Court of Appeals
287 Ill. App. 3d 886, 679 N.E.2d 407 (1997)

SC

Facts

The Board of Directors of 175 East Delaware Place Homeowners Association (the Board) (plaintiff) adopted a rule banning dog ownership in the condominium building. Neither the declaration nor the bylaws of 175 East Delaware Place contained any provisions regarding pet ownership. The declaration, however, granted the Board the power to adopt reasonable rules for the maintenance of the property and the health and safety of the owners and residents. The Board adopted the dog prohibition after a dog was killed by another dog in the building. The residents in the building lived on floors 45 to 92. Nancy Carlson and Benjamin Tessler (defendants) purchased a condominium at 175 East Delaware Place and signed an agreement acknowledging the no-dog rule. Subsequently, Carlson and Tessler acquired a dog. The Board ordered them to get rid of the dog or be assessed fines. They did not get rid of the dog, and the Board began assessing fines. When Carlson and Tessler did not pay the fines, the Board filed a statutory lien on their unit. Carlson and Tessler then sold the unit to Jorge and Donna Hinojosa, subject to the lien. The Board filed suit to foreclose on the lien. The trial court found that the no-dog rule was unreasonable. The Board appealed.

Rule of Law

Issue

Holding and Reasoning (Rakowski, J.)

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