Parsons asks court to keep POA from acting on assessment election

The man who sued to upend the Bella Vista Property Owners Association’s upcoming assessment election filed an emergency motion Friday asking a judge to prohibit the POA from acting on the outcome of the election until the lawsuit reaches a conclusion.

Jim Parsons’ suit claims the POA’s assessment election, which will be finalized the afternoon of Nov. 1, is invalid. His argument is that the 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 on both questions.

Parsons said it is unfair to owners of improved property that owners of unimproved property could decide whether they pay an assessment increase. That is so because of the sheer number of unimproved lots in the POA.

Assessments can only be raised if at least 50 percent of the membership votes, and then only if at least 51 percent of

those voting vote to approve.

The suit has been transferred from the original judge to Circuit Judge Doug Schrantz. Hearings on the lawsuit and the emergency motion had not been scheduled by

Monday afternoon.

On Friday evening, Parsons said he is working with an attorney who will represent him when hearings begin. The attorney confirmed he is acting as a consultant to Parsons, but asked that his name not be included because he has not yet filed a motion notifying the court that he will represent Parsons.