POA using its lots in election
The decision gives the POA Board 668 votes in the assessment election.
The 668 lots owned by the Bella Vista Property Association will be voted in favor of the assessment increase, the POA board agreed Thursday.
Votes will be counted Nov. 1. If approved, the assessment increase will be $9 per month on improved lots, bringing the monthly fee to $33, and $3 per month for unimproved lots, bring the monthly fee to $19. The two increases are voted on separately.
Two years ago a previous association board considered voting the association lots, but decided against it, said Doug McCash, association staff attorney. He said he didn’t know why they made that decision.
In April 2014, The Weekly Vista reported that board member Mike Erixon made a motion to not vote the POA lots because of the way it looked to members. He said it appeared underhanded. At that time the POA owned 587 lots.
The only 2014 board member who is still serving on the board is Ruth Hatcher. In April 2014 she missed both the regular meeting and the previous work session because she was in rehabilitation after a surgery. Last week she said she didn’t remember the discussion about voting the POA lots.
McCash researched the legality of voting the lots and even consulted outside council before Thursday night’s meeting.
Each lot within the geographic area of the association is subject to paying an assessment, he explained. Governing documents give one vote to each lot that is in good standing a few weeks before the election. Association policies define good standing as not being behind in assessment payments. The association doesn’t pay assessments on its 668 lots, but they are still in good standing because they are not behind on payments, McCash said.
It wouldn’t make sense for the
association to pay itself an assessment, so it’s not owed, he said.
Board Chairman Bob Brooks made the motion to cast the association votes. He said members had plenty of time to give their opinion on the issue because the agenda for Thursday’s meeting was published on the association website the previous Friday. Although most association business is discussed at a work session prior to a board meeting, he chose to wait and introduce his motion at the board meeting so it would be more public. Unlike work sessions, association board meetings are recorded by Bella Vista Community Television.
During the meeting several board members made statements in support of the plan. Pat Laury said board members have a responsibility to support changes — including assessment increases — that they believe will benefit the community. Ron Stratton agreed, but added that 668 votes won’t have much of an impact because there are more than 16,000 votes overall.
In other business, the board voted to appoint a new corporate secretary. Kyndall Ardoin replaced Geneveieve Henderson as Judson’s administrative assistant earlier this month. Traditionally the general manager’s assistant has been named as corporate secretary for the POA.
Last month Amy Fader, who works with POA financial officer Dwain Mitchell was named as an interim corporate secretary.
Also, changes to a number of policies were approved that will help standardize the language of the governing documents.