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Fayetteville - Springdale - Rogers Northwest Arkansas
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Old 02-10-2019, 11:18 PM
 
11,181 posts, read 10,529,453 times
Reputation: 18618

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Quote:
Originally Posted by ColoradoOnMyMind View Post
What an embarrassment to the region. A stump dump fire bringing the states most prosperous metro to its knees and begging for help from the Feds. Hopefully those responsible are held to account
Well no, this isn't happening by any measure. The surrounding metro area doesn't give a quack. But the state, which already on its knees, might have to grovel even more.
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Old 02-13-2019, 03:24 PM
 
Location: Up on the bluff above the lake
1,264 posts, read 665,727 times
Reputation: 4414
My wife and I had been looking forward to visiting BV next month to get an in-person tour to see if BV is the place for us to plop down in our retirement. But I must admit, our enthusiasm about BV has dwindled considerably over the perceived lack of leadership by the POA. What little facts are known seem very fishy to us. In fact their silence is being heard very loudly. I would think ideally that a POA would be proactive and informative about a situation such as this to it's members. But alas, they are silent. One can only assume they have been lawyered up, and are advised to remain quiet. We have read that the first lawsuits against the POA and BV have been filed and I'm sure there will be many more. Our fear right now about moving forward on a possible purchase there is, what if BVPOA is found negligent or possibly worse? Would the property owners be liable for the mismanagement of the POA? Listen, we are from Illinois so we know how the innocent must foot the bill for the corrupt. No sharing of the profits, just sharing of the losses. Maybe we are a bit paranoid about this but we only get one retirement in life and we want to get it right. So, sadly we are beginning to look in other areas for our next home. We aren't ruling BV out of the running but it's not at the top of our list right now. We truly hope the best for everyone there especially the folks that live nearby and are affected the most! We will continue to follow this story as best we can.
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Old 02-13-2019, 08:21 PM
 
8 posts, read 12,142 times
Reputation: 21
We’re a young family considering relocating to NWA, so not in the same life stage, but we have ruled out BV entirely due to the stump dump fire. We spend lots of time outside every day and I don’t want my children breathing in that mess, regardless of it it’s not every day and sometimes below the max level deemed safe. I understand it’s somewhat isolated, but we’re not taking any chances of new ones popping up (heard there was a smaller one in another part of town and others that aren’t alight...yet). I feel so badly for those affected, but I also feel the POA needs to get its act together. It definitely casts a shadow over the entire town to people looking at it from an outsider’s perspective. We’d still consider Fayetteville and some other towns in the region, but fair or not, BV is off the list.
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Old 02-13-2019, 09:17 PM
 
Location: Up on the bluff above the lake
1,264 posts, read 665,727 times
Reputation: 4414
Quote:
Originally Posted by Sugoi View Post
We’re a young family considering relocating to NWA, so not in the same life stage, but we have ruled out BV entirely due to the stump dump fire. We spend lots of time outside every day and I don’t want my children breathing in that mess, regardless of it it’s not every day and sometimes below the max level deemed safe. I understand it’s somewhat isolated, but we’re not taking any chances of new ones popping up (heard there was a smaller one in another part of town and others that aren’t alight...yet). I feel so badly for those affected, but I also feel the POA needs to get its act together. It definitely casts a shadow over the entire town to people looking at it from an outsider’s perspective. We’d still consider Fayetteville and some other towns in the region, but fair or not, BV is off the list.
Sugoi, it's very understandable you would have concerns for your family's well being. Presently, the air quality is an issue. No one can dispute that this is not an issue right now. And truly, if I were in your shoes I would feel the same way. But my issue is, as a prospective buyer say in 6 mos. to a year from now, chances are this SHOULD be remedied by then?? But my fear as a new owner, am I now on the hook to pay my fair share towards the tab of remedying the situation that was created ( not even saying whose guilty) before my purchase? To add to that, what if the POA were found to be negligent in operating a landfill with no oversight? Now cha-ching more $$$$ is needed to pay off lawsuit payouts. But now if an investigation shows more than negligence, more lawsuits...and what then? It is my understanding that as a shareholder in a poa (new or old) you would own a part of the responsibility. This is what scares me presently.

Last edited by Bellacatahoula; 02-13-2019 at 09:47 PM.. Reason: Spelling
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Old 02-14-2019, 09:06 AM
 
Location: Chisago Lakes, Minnesota
3,816 posts, read 6,445,611 times
Reputation: 6567
Quote:
Originally Posted by Bellacatahoula View Post
sadly we are beginning to look in other areas for our next home. We aren't ruling BV out of the running but it's not at the top of our list right now. We truly hope the best for everyone there especially the folks that live nearby and are affected the most! We will continue to follow this story as best we can.
I don't blame you. I wouldn't touch that area right now with no resolution in sight for that fire and the pending litigation that will likely take years to unfold. What a shame, that is such a beautiful spot.

Are you going to look elsewhere in Arkansas?
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Old 02-14-2019, 10:19 AM
 
Location: Up on the bluff above the lake
1,264 posts, read 665,727 times
Reputation: 4414
Yes it is a shame on many levels. The worst is upon those poor folks that live very near this environmental hot potato. The next affected group is the homeowners in ALL of BV, as their property values are presently diminished because of the limbo that the POA board put the owners in. This likely as you say could take several years to play out. I did ask a friend that is a lawyer about this situation. He said state laws can vary a great deal so his opinion is just that without knowing Arkansas law. POA boards typically carry liability insurance on themselves. Let's say BV's POA board is insured for 10 million dollars, if litigation suits end up totalling 20 million owed, the homeowners of the POA are liable for that extra 10 million. Now they could sue as well, but as you can see, this is not good. None of it. As I said earlier, the innocent do not share in the profits, they only share in the losses. Very sad situation for all involved.
We have not ruled out looking at other areas of Arkansas but to be honest, right now we are beginning to look in other states. Our search criteria will be looked over again and we'll see. Western N. Carolina was an area we had been looking at before we thought BV might be our spot. We'll see, we want to be in or near mountains, that is a priority for us.
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Old 02-14-2019, 10:51 AM
 
Location: Riding a rock floating through space
2,660 posts, read 1,555,181 times
Reputation: 6359
I fail to see any way the poa could make the home owners liable for monetary damages due to the stump dump fire. Dues increases must be voted by the homeowners, and there's no way we would vote for the poa to get more money. What, you think they can just send us all a bill to cover fire remediation and lawsuit losses? don't be absurd.
The poa is it's own entity, it is not owned by the homeowners. It may get sued into bankruptcy or dissolution but the homeowners are not responsible for it's actions or debts.
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Old 02-14-2019, 11:13 AM
 
Location: Up on the bluff above the lake
1,264 posts, read 665,727 times
Reputation: 4414
Duke, it is my understanding that the POA board represents the individual property owners on the whole. And how are they placed on the board? The owners voted them in. In joining a poa you give up some of your individual rights and follow the guidance and by-laws laid out by those you voted for.
By the way, I'm not spouting off to rile up folks. I'm pissed about this situation, but at this time I have no investment there as you folks do. I'm very sorry for everyone there that is affected. My advice would be for some of you to ask about how Arkansas law applies to this situation. Again, I hope any of my worst case scenarios are wrong, and that an amicable solution to this issue is reached.
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Old 02-14-2019, 11:25 AM
 
Location: Riding a rock floating through space
2,660 posts, read 1,555,181 times
Reputation: 6359
The poa is a nonprofit corporation. There is zero chance the homeowners can be sued for it's actions or debts, or be held responsible for them. If you don't want to move here because of the poa that's understandable, but don't make your decision because you are worried about getting hit with unforseen bills.
https://bellavistapoa.com/wp-content...orporation.pdf

More info:
https://bellavistapoa.com/governance...ing-documents/
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Old 02-14-2019, 11:59 AM
 
Location: Up on the bluff above the lake
1,264 posts, read 665,727 times
Reputation: 4414
Duke, we are fearful of yes the BVPOA and how they appear to operate. We ultimately are fearful of diminished property values as a result of POA actions or lack of actions. We wish the innocent people there all the luck possible in coming to an end with no losses. Unfortunately the ugly politics of federal and state government looks to be closer to home as well.
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