Legal Question in Real Estate Law in Illinois

Declaractions of CCR's vs Rules and Regulations
Upon review of our recorded Declaration of CCR's regarding dogs being allowed in our townhome, we recently replaced our dog of 8 years that died, however, 2 weeks after acquiring a new dog we received in the mail a letter stating ''Association Rules and Regulations'' (approved and distributed 11/99) stating there has been an addition to Article 9.06 of the by-laws regarding animals not exceeding a certain weight limit. We were unaware of this addition when getting the dog (as she will exceed the limit) and it appears this amendment to the by-laws was not recorded in the county records. Would the letter received regarding the addition to Article 9.06 (that does not appears to have been oficially recorded supercede the actual recorded declaration?

Asked on 8/04/04, 11:00 pm

Zedrick Braden III Ainsworth & Associates PC

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Re: Declaractions of CCR's vs Rules and Regulations

Greetings -

I must assume that you are residents of a

condominium. I think you have a valid argument.

In many instances Boards of condominium associations and cooperatives take actions which

do not take into account recorded guidelines. You should respond through an attorney and you

probably will need to set up a meeting with the

Board and your attorney! If all else fails,

you can seek available remedies through a court

of law. As I see it, there is a five step

approach to resolving this matter in your best

interest.

Answered on 8/05/04, 1:40 am

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