Illinois Ct. Throws Out HOA Rules Which Limited the Number of Units That Could be Leased to Tenants

This case involved a dispute between a homeowners association (“Association”) and two homeowners (“Owners”) over Owners’ right to lease their condominium unit to a non-owner tenant. Association’s governing documents (the declaration) contained provisions stating that: (i) the declaration was “subject to rules and regulations of the Board” ; (ii) the Board or the Association may prescribe such rules and regulations” regarding a given subject as they deemed appropriate […]