“Board members maintaining four dogs, where the rule only provides for one, is a clear violation of the rule and the remainder of the board has a duty to enforce the rule. Your first step should be to formally demand, in writing, that the board enforce the rule as required. If the board fails to comply, you have a right to bring a “derivative action” against the board to require them to enforce the rule and against the offending unit owner/board member for their violation of the rule. A derivative action is a right that comes from the common law and is reserved to an individual (in this case a unit owner/member) to act on behalf of the corporation (the unit owners association being a corporation) to enforce a right belonging to the corporation where the board of directors has failed to do so.
“In addition, you may have a claim against the board directly for breaching their fiduciary duty to you by failing to enforce the rule. Under Illinois law, a fiduciary duty is the highest obligation one person can owe to another. It is considered to be sacred and a violation of this duty can result in individual liability for the board of directors. You may also be able to recover your legal fees expended in litigating this case.”