Bella Vista Man Suing Association Over Water Issue

BENTONVILLE -- Another Bella Vista resident will challenge a Property Owners Association's policy suspending water service for nonpayment of property assessments.

Paul E. Chitty III is suing the association over the policy. The lawsuit was filed Wednesday in Benton County Circuit Court.

The lawsuit concerns the association's policy of suspending water service for nonpayment of assessments.

Jim Parsons previously filed a lawsuit concerning the issue, but Circuit Judge John Scott dismissed the case after finding Parsons didn't have standing to sue since his water was shut off for failure to pay his assessments.

Chitty is a member of Parsons' Bella Vista Patriots group, according to court documents.

The association threatened to turn off the water service to two Patriots members, and Chitty's water was shut off, according to court documents.

The lawsuit claims Parsons attempted to get the association to remove the water shutoff policy, but hasn't been successful.

Chitty's lawsuit contends the issue is a contract matter since the policy was enacted March 17, 2011, and there's no mention of water being shut off due to late payment of assessment fees before to the date the policy began.

The lawsuit claims Chitty paid his assessments on time except on one occasion.

Chitty wants the court to prohibit the association from enforcing the policy. Chitty also wants the court to order the association to refund the water reconnect fee and his costs for bringing the lawsuit.

The case is assigned to Scott's court.

NW News on 03/28/2014

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