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Case No. 22-0600

Scholtus v. Parkside Knolls-South Homeowners Assoc


Richard Scholtus, Linda Scholtus, and Fowler Land, LLC, Plaintiffs-Appellants

Parkside Knolls-South Homeowners Association, and Parkside Knolls Homeowners Association, Defendants-Appellees

Attorney for Appellants

Edward E. Cox

Attorney for Appellees

John R. Webber, III

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Apr 26, 2023

            Appeal from the Iowa District Court for Appanoose County, Daniel P. Wilson, Judge.  REVERSED AND REMANDED.  Heard by Greer, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Landowners Richard and Linda Scholtus appeal a declaratory judgment confirming the validity of certain restrictive covenants to real property.  Despite the statutory expiration of the original restrictive covenants, the district court found new restrictive covenants were duly adopted by the Parkside Knolls-South Homeowners Association in 2003.  OPINION HOLDS: Because the Scholtuses did not manifest assent to the 2003 covenants, we find they did not form a contract and are invalid.  We reverse the contrary ruling of the district court and remand for entry of an order consistent with this opinion.

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