Illinois Appellate Court
Civil Court
Condominium Property Act
Plaintiff condo owners filed suit against condo association, asserting that condo association's Board's rule, limiting the amount of units that could be leased at any one time, impermissibly conflicted with the condominium declaration which granted unit owners the right to lease their units. Condominium declaration, when considered with bylaws and the Condominium Property Act, clearly intended that owners have the right to lease their units, subject only to specific limitations. Because declaration has spoken on matter of leasing, any augmentation or diminution of Plaintiffs' right to lease their unit must be accomplished through amendment to declaratiuon, not a rule promulgated by Board.(MASON and FITZGERALD SMITH, concurring.)