Illinois Court Upholds Homeowners’ Right to Conduct Daycare Business in HOA Community

Illinois Appellate Court decision (September 25, 2015)

This case involved an action for declaratory relief filed by a homeowners association (“Association”) against four homeowners (“Homeowners”) to enforce a restrictive covenant contained in Association’s governing documents in an effort to prohibit Homeowners’ operation of two daycare businesses within the common interest community.

The community’s declaration of covenants, conditions and restrictions (“Declaration”) mandates that all lots within the community be used only for single family dwellings but also allows for the operation of a home-based business if: (i) the business is conducted within the residence; (ii) the business is not prohibited by city ordinances or regulations; and (iii) no motor vehicle with business markings is parked on the lot or within the Association’s common area overnight. A separate section in the […]