Napa Valley Owners Association
v.
John Barton Goplerud and Leslie Clemenson
Appellee
Napa Valley Owners Association
Appellant
John Barton Goplerud and Leslie Clemenson
Attorney for the Appellee
Patrick B. White
Attorney for the Appellant
Steven P. Wandro and Kara M. Simons
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dallas County, Dustria A. Relph, Judge. AFFIRMED. Heard by Vaitheswaran, P.J., and Potterfield and Mullins, JJ. Opinion by Mullins, J. (16 pages)
John Barton Goplerud and Leslie Clemenson (“Gopleruds”) appeal district court orders enjoining Lyle and Dorothy Hale from using an outbuilding on the Gopleruds’ property as a residential dwelling; ordering removal of structures and restoration of the lot to pre-construction condition; and awarding attorney fees and costs to the Napa Valley Owner’s Association (“Association”). The Gopleruds argue the district court erred in: (1) concluding they violated restrictive covenants because the Association (a) lacked authority to enforce the covenants and (b) unreasonably enforced the covenants, (2) ordering injunctive relief, and (3) awarding attorney fees to the Association. OPINION HOLDS: Because the Association ratified the actions of the Board and Architectural Control Committee (ACC), and that ratification was retroactive, the Board was entitled to enforce the restrictive covenants. Our de novo review of the record reveals the Board and ACC’s findings regarding the covenant violations are not unreasonable, arbitrary, or capricious. The contractual nature of the covenants also justify the imposition of injunctive relief mandating removal of offending structures and barring prohibited use. Finally, we find there was no abuse of discretion in awarding attorney fees and costs to the Association.