2021 Illinois Legal Updates and Case Law Summaries

property while a license entitles the renter to use of the property while leaving management and control of the property with the owner.

However, the court agreed with the Association’s argument that the Declaration’s prohibition on commercial use of a Unit restricts short-term leasing as short-term AIRBNB rentals are businesses. A business is defined by as “a usually commercial or mercantile activity engaged in as a means of livelihood”, “a commercial or sometimes an industrial enterprise” or “dealings or transactions especially of an economic nature” and the unit owner was engaged in a business enterprise because she is providing h er short-term renters with a service and a product — use of her unit as an accommodation — in exchange for payment.

2021 Illinois Community Association Case Law Updates

Westgate Townhome Ass’n v. Kirsch (Second District, March 2, 2021)

On October 11, 2019, Westgate Townhome Association, herein a fter referred to as “ Association ”, filed a complaint to evict Kirsch, herein after referred to as “ Unit Owner ”, for nonpayment of assessments. Association is an Illinois Condominium Association. The amount due to the Association arose for the fines assessed against the Unit Owner for violation of the Association ’s rules and regulations, for allowing her dog to urinate on her neighbor’s lawn. The evidence that gave rise to the rule violation was a video from the neighbor showing the dog urinating on the lawn. The board viewed the video, but the refused to allow the Unit Owner to view the video. The Board conducted a hearing and found the Unit Owner in violation of the Association ’s rules and regulations. The trial court was conducted as a bench trial and found for the Unit Owner because the Association introduced no evidence substantiating the claim the dog damaged the neighbor’s lawn, including, failing to produce the video, an invoice for law repairs, or any other documentation. The Association filed a motion to reconsider, which was denied. The Association timely appealed. The appellate court affirmed the ruling of the trial court because they found that the Board acted in bad faith by not allowing the Unit Owner to review the video. The Court relied on Boucher , 2018 IL App (1st) 162233 . The Court held that, “ None of this evidence was turned over to Kirsch. Because of this, Kirsch was deprived of an opportunity to respond to the video evidence before the Board made its determination … B ecause the Board did not timely turn over all available evidence to Kirsch, the trial court was justified in determining that the Board did not act in good faith. ” Westgate Townhome Ass'n v. Kirsch , 2021 IL App (2d) 200373-U, ¶ 24.

James A. Blazina Revocable Trust v. Trust (Second District, May 5, 2021)

The Homeowners Association is subject to certain covenants, with the most recent amendment titled the “2013 Covenants”. The 2013 Covenants require that inground pools to be constructed in the back of the property. Clause IV, paragraph 17 of the 2013 Covenant also set forth a process by which an owner

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