The complaint has now been filed in the Circuit Court of Benton County and the POA has been served.
WHAT IT IS: This suit against the POA, if successful, will reverse last year's assessment increase by demonstrating that the increase was unreasonable; arbitrary, discriminatory and in bad faith. As you know, the Plan imposed a $13 increase for improved property owners and $0 increase for unimproved lot owners.
WHAT IT IS NOT: This suit is NOT a move to dissolve the POA.
The Tyranny of the Majority - This lawsuit against the POA isn't about the amount we pay. It's about the pitting of unimproved property owners against improved property owners. Unimproved lot owners voted to make you pay more while they pay the same as before. This is discriminatory. It's the tyranny of the majority.
You can be sure that the POA will hold another assessment increase election in 2 years. What will it be next time?
$20 for improved, $0 for unimproved?
$100 for improved, minus $10 for unimproved?
This is why the Revised 2020 Plan assessment increase must be reversed and the POA must be prohibited from using the same tactic again.
As the suit moves forward it will most likely accrue costs in the tens of thousands of dollars. But it's imperative that this assessment is struck down and that the POA is prevented from imposing future assessment increases that treat improved and unimproved lot owners differently.
Please consider donating to our legal fund. Any amount helps, even $10 or $20. GoFundMe only charges a 3% fee. You may remain anonymous if you so choose. All donors will be offered a lifetime membership in the B.V. Patriots if desired. Just give Col. Parsons a call. If you prefer, you may make your check payable to B.V. Patriots Legal Fund and mail to:
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Bella Vista, AR 72715
Thank you in advance!
- Gregory Van Horn
- Kerry Elias
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