Resident fights association water policy

BELLA VISTA — When covid-19 hit, Nicole Leonard became one of the many Americans who lost part of her income.

Since March, she has been working from home, but only on a part-time basis. At first, she was able to keep up with the bills, but then she heard from a Property Owners Association collection specialist.

She was surprised to learn her water was about to be cut off in spite of the fact she has been paying her water bill on time. It was her Property Owners Association assessments that haven’t been paid.

“I pleaded with collection specialist to no avail,” she said. “I don’t know how they can hold water hostage.”

Policy 3.09 ties assessment payments to water and was passed in 2011, Doug McCash, the Property Owners Association’s attorney explained. Action can be taken when the assessments are 60 days overdue.

“The declaration ( that formed the POA) states that anyone who owns a property (within the boundaries) is a member of the POA and has access to the amenities that the POA maintains. Water is one of the benefits for being a member of the POA. If you’re not a member of the POA you don’t have access to water. If you’re not paying your assessments you’re not really a member in good standing so you would not have access to any of the amenities.”

Within a few years, three lawsuits were filed to challenge the policy, but all three were dismissed and the policy stands.

The Property Owners Association routinely turns away people and businesses who need water, but don’t live on Property Owners Association property, McCash said. The governing documents are clear that water is for members.

There really aren’t very many water shutoffs, McCash said, especially since covid-19 shutdowns began.

“The POA made it a point to work with members and come up with a payment plan or at least they can communicate with us,” he said. “Typically we find an arrangement that will work for people.”

Leonard said she had been offered a payment plan, but she didn’t accept.

“The payment plan is ridiculous. I would be paying them forever for something I can’t even use. I can’t afford to pay for rich people to play golf when they can afford it anyway.”

She believes people who can’t use the amenities shouldn’t be asked to pay for them.

She said she went to the city for help but they refused. Water, she said, should be a city responsibility, not the Property Owners Association’s. She’s also been in touch with the Consumer Protection Agency.

A few people have suggested she should move to a community without assessments, but Leonard said she can’t afford to move. When she bought the home in Bella Vista, it was the only place she could afford. She didn’t understand the connection between water service and the Property Owners Association.

“They just give you a piece of paper when you’re signing. They don’t disclose all the information,” she said.

“It’s not just budget, it’s a matter of principal. I can’t live my life like this. I can’t do it. It’s not right. It’s a system — it’s been built up and kept alive for 60 years. They don’t know what it means to work to live. They just don’t know. A single mom just surviving in Bella Vista. It’s awful. I want everyone to know what’s happening.”