Legal Question in Real Estate Law in Illinois

Our previous Boards did not enforce the pet rule. We now have 3 owners with dogs over 35lbs. Now an owner just purchased his second dog, but we only allow 1 pet. How can we enforce the rules when they weren't enforced before? Are previous violators exempt because is was over a year ago or must we make them get rid of their pets?


Asked on 9/06/10, 7:24 pm

1 Answer from Attorneys

Exempt? No. But it will be harder today since it appears more owners are violating the rules. But the questions really are what harm is being done (other than simply a rule violation) and what is your goal?

Technically your remedy is to vote in a board that will enforce the rules and, if the dogs are doing damage that their owners are not taking care of, potentially file a claim against the condo insurance policies. Prior to another board election you do have rights to bring these matters up at board meetings, and petition for discussion that could lead to action, but nothing is "guaranteed".

Normally in order to change rules (being observed or violated) to more restrictive ones, existing situations like these are typically "grandfathered in". But all you want to do is enforce the existing rules that are being violated. It really may depend on how big an association this is, and whether it is self-managing or has a management company. Assuming you're a smaller association, you could make enemies unless you address this as a potential rule change situation or proposed some compromises. If it's a larger association and/or managed professionally on the outside, you may not care where the chips may fall......

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 only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 9/13/10, 12:44 pm


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