Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-0348

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

Attorneys for Appellant

Barry Shaw Sackett and Frances Schiro

Attorneys for Appellee

Steven R. Postolka and Stephen F. Avery

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0348
Date Published:
May 15, 2019
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.

© 2021 Iowa Judicial Branch. All Rights Reserved.