400 Condominium Ass'n v. Gedo

Applying the undisputed principles governing the law on property use restrictions, I cannot agree that section 21 constitutes a restriction on the use of units on floors 8 through 39. Illinois jurisprudence is clear that uses are permitted unless clearly prohibited. A restriction must be clearly stated, and any doubts must be resolved in favor of permitting the free use of property and against any limitation thereon. Section 21 contains no prohibition, limitation or mandate concerning the uses of units on floors 8 through 39, or for that matter, of floors 1 through 7 and 40. It merely permits…