Legal Question in Real Estate Law in Illinois

I live in a townhome with three dogs. The HOA just revised the rules and regs and now limit owners to a max of 2 dogs. Can they make me give up one of my dogs if I had them prior to the rules change? Previously, there was no written rule regarding the limit (at least not one that I was ever given). I have been living here for 6 years. There is no mention in the rules if there is a grandfather clause for owners with more than two pets.


Asked on 11/08/10, 9:27 am

1 Answer from Attorneys

First, remember that townhome rules MUST follow from the declaration. Even if the rule appears properly enacted on its face, it can't change the declaration without the formalities of changes of the declaration, which may involve a majority owner vote. If the declaration is silent on pets or simply gives the association complete control over the issue, you're right, "usually" changes that adversely impact owners have some kind of grandfathering. You may want to check the general rule provisions that may provide for that elsewhere in them, and if you're not sure you can certainly check with the association and/or its management company. Beyond that it may have an effective date now or in the future, but if not it is possible to make rule changes even like this without grandfathering as long as it's applicable to everyone.... but you may be able to challenge the rule under other declaration provisions....

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

Read more
Answered on 11/16/10, 7:10 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois