Since the Palm v. 2800 Lake Shore Drive Condominium Association opinion was issued in 2014 by the First District Court of Appeals, we have seen a number of subsequent appellate decisions, which have further reinforced the theme of Palm-that an association is required to strictly adhere to the terms of its governing documents. Most recently, the First District Court of Appeals issued a ruling in Stobe v. 842-848 West Bradley Place Condominium Association, 2016 IL App (1st)141427, which addressed the ability of an association to restrict leasing through its rules and regulations. In the Stobe case, the Board of Directors adopted a rule which placed a cap on the number of units which could be leased at any given time. While the association's declaration did not expressly provide the membership with the right to lease, it did provide for certain minimum standards related to leasing. The First District Court of Appeals held that the declaration read as a whole, intended for owners to have the right to lease, and a restriction adopted by the Board of Directors alone limiting that right, was invalid.

It is important to note that the Stobe case does not stand for the blanket principle that an association can never adopt leasing restrictions through rules and regulations. Rather, the Stobe case reminds us that read more