Lawsuit filed over Bella Vista property owners assessment election

BENTONVILLE -- A Bella Vista resident will sue to stop what he describes as an illegal Property Owners Association election to raise assessments.

Jim Parsons filed the lawsuit against the association in Benton County Circuit Court on Thursday.

Parsons seeks a preliminary injunction to stop the election and prevent any votes from being counted. Parsons wants a judge to prohibit the association from having the election.

"We believe it is an illegal election," Parsons said.

The association board in July approved a plan for an assessment election. The plan calls for a $9 increase for residents that would bring monthly fee to $33, and a $3 increase for nonresidents for a total of $19 per month. Assessments can only be raised if a majority of voters approve the increase. The last time that happened was 2001.

Ballots were mailed Sept. 1 and results will be announced Nov. 1.

Tom Judson, association general manager, couldn't be reached for comment Thursday.

Parsons said the association has held three elections in the past two years trying to increase assessments on members of improved and unimproved lots. It was a yes or no vote on the ballots in those elections, Parsons said.

Parsons said the latest ballot is designed to pit unimproved lot owners against the improved lot owners, according to the complaint.

The ballot consists of two questions. The first question asks, "Do you agree that the monthly assessment for improved property owners should increase by $9?" The second question asks, "Do you agree that the monthly assessment for unimproved property owners should increase by $3?"

Improved and unimproved lot owners are asked to vote for both questions.

Parsons said it is unfair to improved property owners that unimproved property owners could decide whether they pay an assessment increase. "They will sock it to us," Parsons said.

The lawsuit states there are 20,000 unimproved lot owners approved to vote and only 13,000 improved lot owners in good standing to vote.

Parsons also is concerned there's nothing preventing the association from having similar elections in the future.

Parsons will act as his own attorney. The case is assigned to Benton County Circuit Judge Doug Schrantz.

NW News on 10/07/2016

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