Legal Question in Landlord & Tenant Law in Illinois

My wife and I signed a lease to rent a condo in a 6 unit building. When we signed a lease the only dog rule was we must use the back door to go in and out of the house with the dog and they cannot defecate or urinate in the backyard common area. Two weeks after we moved in the HOA made a vote and passed to amend the dog rule to not allow any dogs in the backyard common area at any time. Our lease does not specially say the HOA rules can change at any time and we must follow. We are the only renters in the building, we are the only family with a dog (our dog is a mini poodle that does not bark and is well behaved.. the reason they changed the rule they said was for safety). We are clearly being singled out, is this discrimination? What rights do I have since we signed the lease under a different set of rules? Also we have been getting letter from a women in the building does she have the right to contact us with any issues or does she need to contact our landlord directly? Thanks


Asked on 3/17/16, 7:55 am

1 Answer from Attorneys

Someone will have to look at your lease.

1. If the lease says you can let the dog in the backyard but also says the lease is subject to the condominium rules and that those rules can change, or incorporates the condominium documents into the lease...., you may only have a right against your landlord. If the lease does not specifically say you can let your dog out in the common areas, you may not even have rights against your landlord.

2. Condo documents, rules, etc: without reviewing everything, my bet is still that the association has the right to enact rules regarding pets, and just because you are currently the only dog owners in the building doesn't mean this is not the appropriate time, unless the condominium documents say no pets are allowed in which case you may have MORE rights against your landlord if he fraudulently induced you into a lease knowing you couldn't have a pet. And even if the declaration says no pets are allowed, or is silent, the association can still enact rules in case people violate the condominium documents by keeping pets, since condo rules can only be enforced privately; no police can be called in.

3. The "woman" - who is she? President of the association? 6-unit buildings usually govern themselves so she could be an officer of the association. The association may have the right to give notice to both your landlord and you, especially if the condominium documents say so and if approval of leases by the association is required. Then again anyone can write anyone, and if there is no legal right, you can ask for it to stop, but I would start first with your landlord as the 'firewall" between you and the association -- subject, of course, to what your lease says.

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Answered on 3/18/16, 9:46 am


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