Neufairfield Homeowners Association v. Wagner

Illinois Appellate Court
Civil Court
Restrictive Covenants
Citation
Case Number: 
2015 IL App (3d) 140775
Decision Date: 
Wednesday, November 4, 2015
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
LYTTON
Homeowners Association (HOA) filing declaratory action, seeking to enforce a restrictive covenant prohibiting operation of 2 daycare businesses, against homeowners. Court properly entered summary judgment in favor of homeowners, as plain language of HOA declaration shows that drafters did not intend it to apply to homeowners' daycare businesses, and are permissible personal businesses as identified in declaration. (CARTER and HOLDRIDGE, concurring.)