Legal Question in Real Estate Law in Illinois

Can a condo management association enforce a law which states that condo owners can have pets in the building but renters CANNOT? It is the same building, doesn't seem right.


Asked on 9/13/10, 7:00 am

2 Answers from Attorneys
Walter Palmer Law Office of Walter Palmer

I doubt that it is a law. A rule, maybe.

The condo association (and condo owner) have a lot of room to make rules. A "No Pets" rule is very common in rental properties. A condo complex or building, is not covered against discrimination unless a person is a member of a "protected class" - which pet owners are not.

Sorry

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Answered on 9/18/10, 7:21 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Yes, this rule can be enforced. An owner is much more likely to take car of the premises and any DNA left in the common areas than a renter is, so the rule has some rational basis in addition to not being legally discriminatory.

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Answered on 9/21/10, 7:29 am


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