By-Laws lawsuit ends in out-of-court settlement

The attached summaries describe the results of litigation brought by the Strawberry Point Bluffs and Strawberry Hill Estates Associations against Gold Krause and a group of individual property owners.

The first summary was written from a legal perspective and was prepared by James Roach, the attorney who represented the Associations in the litigation. Copies of this letter were mailed to members of both Associations.

The second summary was written from a non-legal perspective. This short slide presentation was prepared for the 2009 Annual Homeowners Meetings.

UPDATE – December 28, 2010: Two consent judgments were filed with the courts on this date. These documents are the official summary and legal rulings of the lawsuit.

Consent Judgement re Lots 95-114 Strawberry Point Bluffs.pdf

First Amended Consent Judgement re Lot 116 Strawberry Point Bluffs.pdf

UPDATE: In October 2009, residents noticed new listings for the remaining Gold Krause properties, and raised questions about the legitimacy of the claims made in those ads. ( ) Here is a summary provided by the Association attorney, James Roach:


Sorry for the delay. The advertisement is partially in error. Gold
Krause now has eleven lots left, since we now own 95 and 114. Seven
lots have to be sold within the subs. Four may be sold outside the
subs. Those outside owners will have the same rights to the Park Lots
as folks who live within the subs. Those purchasers are not: (1)
eligible to join SPBSHA; (2) eligible for the pontoon lottery; (3)
required to pay dues; or (5) not liable for any SPBSHA special

Just to clarify, those lots were and are part of the platted Strawberry
Point Bluffs subdivision. This is different from being part of the
Strawberry Point Bluffs’ association.

Gold Krause, both directly or through its real estate agents, is also
required to include limitations in the deeds arising from its sales.

Finally, the settlement/consent judgment has been finalized. I still
need to fix a couple of recording errors on the easements that the
associations granted. The consent judgment may be posted on the
association website.

I’ll let Gold Krause’s attorney as to the error in the advertisement.
The real estate broker can advertise lots, and regardless of the
inaccuracy of its advertisements, Gold Krause is required to abide by
the terms of the Consent Judgment.