Illinois community associations regularly face difficult enforcement decisions when homeowners claim that a rule interferes with their personal beliefs or activities. A recent Illinois appellate court decision confirms that enforcing neutral covenants, such as single-family use and leasing restrictions, does not, in itself, constitute unlawful discrimination.
In Schoff v. Illinois Human Rights Commission, 2026 IL App (1st) 250147-U, the Illinois Appellate Court affirmed the dismissal of discrimination claims brought against an Illinois homeowners association that attempted to enforce its governing documents limiting short-term rentals and room leasing.
Although the homeowners argued that the association’s enforcement interfered with their religious practice of housing refugees and missionaries, the court held that there was no substantial evidence of discrimination under the Illinois Human Rights Act (775 ILCS 5/1-101). This decision provides important guidance for Illinois condominium and homeowners associations when enforcing their governing documents.
Background of the Illinois Community Association Dispute
John Schoff and Jane Stoller-Schoff purchased a single-family residence in a subdivision governed by the Lakeshore Estates Homeowners Association in South Barrington, Illinois.
The Illinois association’s governing documents contained several common restrictions, including:
- A requirement that homes be used as single-family private residences;
- Prohibitions against business activities;
- Restrictions on short-term leasing; and
- Rules prohibiting the rental of individual rooms within a residence.
The Schoffs believed they had a religious calling to provide housing to missionaries, asylum seekers, and refugees. According to the record, they sometimes allowed individuals to stay in their home for free and, at other times, rented rooms in their residence.
In 2015, the Illinois association issued a notice of noncompliance stating that the property must be maintained as a single-family private residence. The Illinois association warned that leasing individual rooms or operating a boarding-type arrangement violated the covenants.
A similar notice was sent in 2019, and the Illinois association later adopted additional rules clarifying that:
- Homes could not be leased for less than one year, and
- Room rentals or boarding arrangements were not permitted because they were inconsistent with single-family use.
After receiving a letter from the association’s attorney threatening enforcement of these rules, the Schoffs filed a discrimination complaint with the Illinois Department of Human Rights.
The Schoffs alleged that the Illinois association’s enforcement efforts violated the Illinois Human Rights Act (775 ILCS 5/1-101). Their claims asserted discrimination based on several protected categories. They argued that enforcing the single-family and leasing restrictions interfered with their religious practice of housing refugees and missionaries, many of whom they claimed were people of color or individuals with disabilities.
The Illinois Department of Human Rights investigated the complaint and ultimately dismissed it for lack of substantial evidence. The Illinois Human Rights Commission affirmed the dismissal, and the Schoffs sought administrative review in the Illinois Appellate Court.
The Homeowners Failed to Present Sufficient Evidence of Discrimination
The Illinois appellate court affirmed the Commission’s decision, concluding that the homeowners failed to present sufficient evidence of discrimination.
The court concluded that the Schoffs failed to establish intentional discrimination because they could not identify any comparator homeowners who were treated differently under similar circumstances. The evidence showed only that the Illinois community association attempted to enforce its rules governing short-term rentals and room leasing. The court found no proof that the Illinois community association targeted the homeowners because of their religion or religious practices.
The court emphasized that the Illinois community association’s covenants and bylaws predated the homeowners’ purchase of the property and applied equally to all residents. Because the restrictions were neutral and generally applicable, enforcing them did not demonstrate discriminatory intent. In fact, the court noted that the Illinois community association never actually imposed fines or filed litigation against the homeowners; it only issued notices seeking compliance with the rules.
The homeowners also claimed that the Illinois community association harassed them by sending enforcement letters. The court rejected this argument, explaining that harassment requires more than isolated communications. Under housing discrimination law, a claimant must show a pattern of coercion, threats, or interference motivated by discriminatory intent. Here, the alleged harassment consisted primarily of a single enforcement letter in 2021. Even considering earlier notices, the court concluded that a few letters over several years did not constitute actionable harassment.
Key Takeaways and Practical Guidance for Illinois Community Associations
This case offers several important lessons for Illinois community associations.
- Neutral Covenants Can Be Enforced
Illinois community associations generally have the authority to enforce neutral restrictions contained in their governing documents, even if those rules indirectly affect a homeowner’s personal activities or beliefs.
- Discrimination Requires Evidence of Unequal Treatment
A discrimination claim typically requires proof that similarly situated individuals outside the protected class were treated differently. Without comparator evidence, such claims are difficult to sustain.
- Enforcement Notices Are Not Automatically Harassment
Sending violation notices or enforcement letters does not constitute harassment under the Illinois Human Rights Act, particularly when the association is simply attempting to enforce its governing documents.
- Enforce Rules Consistently
Selective enforcement can create the appearance of discrimination. Illinois community association boards should apply covenants and rules uniformly to all residents.
5 . Document Enforcement Decisions
Maintaining records of complaints, investigations, and enforcement actions can help demonstrate that a community acted for legitimate, nondiscriminatory reasons.
- Consult Legal Counsel When Sensitive Issues Arise
Situations involving religious practices, disabilities, or other protected classes can raise complex fair housing issues. Early legal guidance can help Illinois community associations navigate these situations properly.
Conclusion
The Illinois Appellate Court’s decision in Schoff v. Illinois Human Rights Commission reinforces that enforcing neutral governing documents is not discrimination when applied uniformly and without discriminatory intent. While homeowners may assert that enforcement interferes with personal beliefs or practices, associations are still entitled to maintain the character of their communities by enforcing valid covenants, such as single-family use restrictions and leasing limitations.
