Merrionette Manor Homes Improvement Association v. Heda
Illinois Appellate Court
136 N.E.2d 556 (1956)
- Written by Mary Phelan D'Isa, JD
Facts
The Merrionette Manor Homes Improvement Association (the association) (plaintiff), which consisted of the development’s property owners, was created by the developer to encourage “enforcement, preservation, and maintenance of protective covenants.” The association sued Heda (defendant), a unit owner, for constructing a vestibule in violation of the condominium’s restrictive covenants that required adjacent dwelling units to simultaneously construct a similar vestibule. The association was the assignee of the developer’s right to bring an action to enforce the condominium’s restrictive covenants. Nevertheless, the trial court dismissed the suit after finding that the association lacked sufficient interest because it did not have any ownership interests in any property in the area. The association appealed.
Rule of Law
Issue
Holding and Reasoning (Schwartz, J.)
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