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 POA collection specialist.
She was surprised to learn that her water was about to be cut off in spite of the fact that she has been paying her water bill on time. It was her POA 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 POA'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 POA routinely turns away people and businesses who need water, but don't live on POA 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 that people who can't use the amenities should not 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 POA's. She's also been in touch with the Consumer Protection Agency.
A few people have suggested that 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 POA.
"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."