Tag Archives: condominium association

Hal Morris and Katelyn Letizia obtain important victory for condominium association client

Arnstein & Lehr Attorney Hal R. Morris

Hal R. Morris

Arnstein & Lehr Attorney Katelyn Rose Letizia

Katelyn Rose Letizia

Chicago Partner Hal R. Morris and Chicago Associate Katelyn Rose Letizia secured an important victory for a condominium association client. In that case, the board of the association began considering implementing, by rule, restrictions on leasing. Under the Illinois Condominium Act, rules can be adopted or amended by the board after a special meeting of owners called for the purpose of discussing the proposed rule.

In the case, the board began this process, but two unit owners filed an action challenging the process and the enforceability of a rule limiting leasing. The unit owners claimed that the Declaration of Condominium granted a right to lease, subject to the association’s right of first refusal, and a rule limiting leasing would be tantamount to an improper attempt to modify the Declaration. Thus, the unit owners sought a finding that the leasing rule was unenforceable, ran afoul of the Declaration, and also sought to enjoin the association from passing and enforcing such a rule.

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