Our initial scan found 8 potential issues in your governing documents.
We checked the 3 public PDFs on Bella Vista POA’s website against current Arkansas and federal HOA law—and more issues may exist depending on the documents you load.
✓CC&Rs / Declaration✓Rules & Enforcement Policies✓Association Bylaws+ Add up to 10 PDFs in Full Analysis
Covenant authorizes unlawful self-help termination of essential residential utilities, warrantless self-help lot/unit entry or demolition, lockouts, or denial of ingress/egress.
“Upon expiration of the appeal period or denial of appeal, water service to the Member's residential property may be disconnected until all delinquent assessments and reconnection fees are paid.”
Why It’s Flagged
Ark. Code Ann. § 18-13-108; Ark. Code Ann. §§ 18-13-101 et seq. & Title 4, Ch. 33; Ark. Code Ann. §§ 18-13-101 to 18-13-120 (Horizontal Property Act); Restatement (Third) of Property: Servitudes § 4.9 (Arkansas Prohibition on Self-Help Lockout & Utility Termination)
Under Arkansas law (Ark. Code Ann. § 18-13-108.
Ark. Code Ann. §§ 18-13-101 et seq. & Title 4, Ch. 33.
Ark. Code Ann. §§ 18-13-101 to 18-13-120 (Horizontal Property Act)), an association may not impair an owner's appurtenant right of vehicular and pedestrian ingress and egress to their residence or engage in non-judicial self-help termination of essential residential utilities (water, electricity, gas, sewer).
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
1Under no circumstances shall any suspension of privileges impair the right of an Owner or occupant to have vehicular and pedestrian ingress to and egress from their Lot or Unit, nor shall the Association disconnect essential residential utility services, execute non-judicial self-help entry/demolition, or conduct non-judicial lockouts, in accordance with Ark. Code Ann. § 18-13-108.
2Ark. Code Ann. §§ 18-13-101 et seq. & Title 4, Ch. 33.
3Ark. Code Ann. §§ 18-13-101 to 18-13-120 (Horizontal Property Act).
4Restatement (Third) of Property: Servitudes § 4.9 (Arkansas Prohibition on Self-Help Lockout & Utility Termination).
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
7 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 7 remaining issues—plus load up to 10 PDFs for complete review.
Need to pass an amendment or run your next board election with immutable proof?
Works alongside Vantaca, AppFolio, CINC, or TownSq to cut manager election time by 98% (30 hours down to 31 minutes) with 80% median turnout increase and sealed, self-proving ballots.