Illinois Ct. Says Owners’ Day-Care Business is Not a Prohibited Commercial Activity

Appellate Court of Illinois, Third District, decision (November 4, 2015).

In this case, a homeowners association (“Association”) filed an action against two different sets of homeowners (“Owners”) in an effort to prevent the Owners from operating daycare businesses within the common interest community. Association contended that Owners’ operation of the daycare businesses were in violation of Association’s governing documents that prohibited owners from engaging in commercial activities that required customers to frequent the property within the community. Association contended that the operation of the daycare businesses resulted in frequent commercial traffic in and around Owners’ residences.