Legal Question in Civil Litigation in Illinois
Harrassment/Discrimination against dog breeds
We live in a townhome and recently adopted a rottweiler, we had a rottweiler prior (she died). Prior to acquiring our new dog we consulted the original declarations given to us at the closing and there was no mention of size/breed dog prohibited. We now have been informed the dog has to go. It appears in 11/99 there were rules and regulations adopted by the board stating ''no dogs over 45 lbs'' Reviewing all of our paperwork it seems we never received a copy of these rules and regulations and have spoken to a few of our neighbors and they do not have them either. Also, there are 2 other dogs in the community that exceed the weight limit and were acquired after 11/99. We have talked to the board regarding this matter and their response was ''we have not received any written complaints on the other dogs. However, they informed us as the board they are to uphold and enforce the rules. They are aware of these other dogs and choose to take no action and enforce the rules. We have always been responsible dog owners and feel we are being harrassed and discriminated against because it's a rottweiler.
Do we have a case against the board? We find nothing stating only written complaints are addressed, enforced and acted upon.
3 Answers from Attorneys
Re: Harrassment/Discrimination against dog breeds
I settled a case similar to this about three months ago involving two "pitbulls". I would advise you to settle this case as well, since a chancery court will probably enforce the condo declaration on its face. Offer to muzzle the dogs in common areas and to fully indemnify the Board for any subsequent legal action if your dog happened to "attack" anyone in a common area. Don't let this matter drag on, or the Board may serve you with a temporary restraining order, asking the Court to order the dogs off of the premesis immediately. Feel free to contact me if you want to discuss further.
Re: Harrassment/Discrimination against dog breeds
You are entitled to receive notice of any changes to the bylaws and/or declarations containing the rules and regulation you are to follow. The Board has a fiduciary duty towards you to give you notice. Have you demanded proof of notice?
If the Board cannot show notice to you, I suspect you have a cause of action against the Board for that failure. Even stranger is the un-even handed enforcement of the rules--although there may be circumstances where that would be OK.
My advice to you is to first get copy of any notice the Board believe it has given you with respect to the changes they made. If no notice is forthcoming, I suggest you speak to an attorney and take the upper hand by filing injunction against the Board before they get a chance to file any action against you for compliance.
I hope this helps,
Nima Taradji
P.S. Of course you can also settle the situation as the other attorney has suggested. But, I just do not see why you should�at least at this stage of the game.
Re: Harrassment/Discrimination against dog breeds
Just one more piece of advice...most condo declarations that are well drafted allow the Board to collect reasonable attorney's fees resulting from enforcement of the declaration and bylaws. Be careful! This type of litigation could become very costly to you if the Board engages counsel.
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