Marc Steffes, Mercedes Steffes, Lance Freed, and Jill Freed
v.
Terrace Park Dock and Property Owners Association, Terrace Park Dock and Property Owners Association Officers, Terrace Park Dock and Property Owners Association Members, and Colonel F. Krage
Appellant
Marc Steffes, Mercedes Steffes, Lance Freed, and Jill Freed
Appellee
Terrace Park Dock and Property Owners Association, Terrace Park Dock and Property Owners Association Officers, Terrace Park Dock and Property Owners Association Members, and Colonel F. Krage
Attorney for the Appellant
Barry Shaw Sackett and Frances Schiro
Attorney for the Appellee
Steven R. Postolka and Stephen F. Avery
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge. REVERSED. Heard by Doyle, P.J., and Mullins and McDonald, JJ. Decided by Doyle, P.J., and Tabor and Mullins, JJ. Opinion by Doyle, P.J. (13 pages)
Property owners appeal the district court order dismissing their action to enforce their right to membership in the Terrace Park Dock and Property Owners Association. OPINION HOLDS: The language of the Association’s bylaws unambiguously states that in order to be eligible for membership, an individual need only own a parcel or lot within the original plat or replat. Because it does not restrict membership to owners of lots of record as delineated in the 1905 Plat or the 1908 Replat, we reverse the district court’s decision.
