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:
Summary
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.
