Violations
Editor, Violations and laws broken by Cooper Communities Incorporated, Bella Vista Property Owners Association, Architectural Control Committee and the Bella Vista Townhouse Association:
1. ARK/MO land deal cost $1.1 million and done without a vote. (Possible violation by the POA board’s fiduciary duty to the members).
2. POA used non-taxed fuels in all its vehicles. (Violation of federal law, IRS).
3. Fire hydrants were not inspected for 12 years. Lady died. (Violation of Law).
4. Cooper created micro-lots to vote with. (Violation of election laws).
5. Parsons vs. POA trial. (POA violation of FOIA law).
6. Nonprofit POA conducting business as a for-profit business. (Violation of 1965 founding documents).
7. CCI placing four concrete mixer drums in stump dump. (Violation of federal law, OSHA).
8. CCI and POA instructing employees to steal and destroy “VOTE NO” signs. (Violation of the law).
9. Duly elected board members are removed for invalid reasons. (Morally and ethically against democratic principles).
10. Town house Association raises its assessments without a vote. (Violation of 1965 founding documents).
11. Electronic voting for a POA is illegal. (Violation of Arkansas law).
12. POA water shut-off policy. (Morally and ethically wrong).
13. Salaries for top POA officials are unreasonably high. (Possible violation by POA board’s fiduciary duty to the members).
14. Arkansas Alcohol and Beverage Commission’s letter of reprimand. (Violations of Arkansas law).
15. ACC regulations. (Violations not enforced equally).
16. The nonresidents far outnumber the residents. The POA uses the Two-Tier Assessment system to give incentives to nonresidents to outvote the residents. (Morally and ethically against a fair election).
17. Duplication of city ordinances and ACC regulations creates confusion, added expense and misunderstandings. (Possible violation by the POA board’s fiduciary duty to the members).
18. Mismanagement of POA restaurants and other amenities leads to frequent closures and ill feelings of those employees that get dismissed. (Possible violation by POA board’s fiduciary duty to the members).
19. Like any business in America, amenities that are not self financially sustainable should be terminated. (Possible violation by POA board’s fiduciary duty to the members).
20. When we became a city, the big ticket items of police and fire protection and roads were no longer the responsibility of the POA. (It seems our monthly assessments should have gone down and not up).
21. If you remember some things I left out, please give me a call at 479876-2624.
There are state and federal laws that basically declare that any nonprofit organization that has a history of violating the law can be dissolved. The question is, “How much longer do we have to put up with these violations above?” The best answer is, “Turn the assets of the POA over to the city and have the city create a recreation and parks department.” The city is required to follow the laws of the Arkansas Freedom of Information Act (FOIA) and we will be a better informed electorate and have a better place to live.
Jim Parsons Bella Vista