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Case No. 18-0918

For summaries from opinions prior to August, 2018, view PDF versions here

Napa Valley Owners Association
v.
John Barton Goplerud and Leslie Clemenson

Appellee

Napa Valley Owners Association

Appellant

John Barton Goplerud and Leslie Clemenson

Attorneys for Appellee

Patrick B. White

Attorneys for Appellant

Steven P. Wandro and Kara M. Simons

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0918
Date Published:
Nov 06, 2019
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.

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