POA POLICY

BELLA VISTA PROPERTY OWNERS ASSOCIATION POLICY

1.01 MEMBER ACCESS TO POA INFORMATION – November 17, 2016
1.02 ESTABLISHING, CHANGING, OR RESCINDING POLICIES – November 17, 2016
1.03 GUIDELINES FOR ASSOCIATION COMMITTEES – November 17, 2016
1.03.1 AUDIT COMMITTEE – November 17, 2016
1.03.2 GUIDELINES FOR FUNCTIONING OF ELECTION COMMITTEE – November 17, 2016
1.03.3 MARKETING & COMMUNICATIONS COMMITTEE – January 19, 2017
1.03.5 RULES AND REGULATIONS COMMITTEE – January 19, 2017
1.03.6 CHARITABLE GIVING COMMITTEE – January 19, 2017
1.03.7 RESOURCE AND ADVISORY COMMITTEE – January 19, 2017
1.04 JOINT ADVISORY COMMITTEE – January 19, 2017
1.06 NOMINATION BY PETITION – January 19, 2017
1.07 BOARD MEETINGS – February 16, 2017
1.08 GUIDELINES FOR SPECIAL MEETING OF MEMBERS – February 16, 2017
1.10 BOARD OF DIRECTOR’S ETHICS – February 16, 2017
1.11 CONFLICT OF INTEREST POLICY – February 16, 2017
2.01 REGULATION OF COMMON PROPERTY – LAKES – February 16, 2017
2.02 FACILITY RESERVATIONS AND FEE POLICY – February 16, 2017
2.03 GOLF CART REGISTRATION – February 16, 2017
2.04 BOAT REGISTRATION AND MOORING LEASE AGREEMENT – February 16, 2017
2.05 REGULATION OF COMMON PROPERTY – HUNTING – February 16, 2017
2.06 MEMBER CONDUCT – February 16, 2017
2.07 REGULATION OF COMMON PROPERTY – February 16, 2017
2.08 REGULATION OF COMMON PROPERTY – TRAILS – February 16, 2017
3.01 PENALIZING A MEMBER – February 16, 2017
3.01.1 APPEAL PROCEDURE – February 16, 2017
3.02 IDENTIFICATION CARDS – March 16, 2017
3.03 MEMBERSHIP CARDS – March 16, 2017
3.04 GUEST POLICIES – March 16, 2017
3.08 TEMPORARY PARKING OF VEHICLES – March 16, 2017
3.09 SUSPENSION OF WATER SERVICE FOR NON-PAYMENT OF ASSESSMENTS – March 16, 2017
4.01 CROSS-CONNECTION CONTROL POLICY– March 16, 2017
4.02 EXTERIOR MAINTENANCE POLICY – March 16, 2017
6.02 OFFICIAL POA PUBLICATION AND RELEASE OF INFORMATION – March 16, 2017
7.03 THE BUDGET – March 16, 2017
7.04 INVESTMENT POLICY – March 16, 2017
7.05 ASSESSMENTS, FEES AND OTHER REVENUES – March 16, 2017
8.01 DIRECTORS AND OFFICERS INDEMNIFICATION – March 16, 2017
8.02 GIFTS – March 16, 2017
8.03 PROCESS AND DOCUMENTATION REQUIRED TO SUPPORT A REQUEST FOR THE USE OF COMMON PROPERTY AS A RESULT OF A SEPTIC SYSTEM LEACH FIELD FAILURE – March 16, 2017
8.03.1 USE OF COMMON PROPERTY – March 16, 2017
8.03.2 DOCKS AND/OR BOATHOUSES POLICY – May 10, 2007
8.04 ORIGINALS TO REMAIN IN OFFICE – July 26, 1984
8.06 CONDUCTING A BUSINESS ON RESIDENTIAL PROPERTY – June 4, 1987
8.08 STANDARD OPERATION PROCEDURES MANUAL – Nov. 21, 2002
8.09 SELECTION OF PROFESSIONAL SERVICES – March 20, 2008
8.10 SELECTION OF CONTRACT SERVICES – March 20, 2008
8.11 PROCUREMENT OF GOODS AND EQUIPMENT – April 17, 2008
8.12 POA MERCHANDISING AND/OR ADVERTISING – May 15, 2008
8.13 GUIDELINES FOR LEASING OF POA ASSETS –  May 15, 2008
8.14 APPROVAL AND CHANGE OF JOB SCOPE PROCEDURES FOR CAPITAL PROJECTS – December 8, 2011
8.15 OPERATIONS BEYOND THE GEOGRAPHIC BOUNDARIES OF BELLA VISTA VILLAGE – November 15, 2007
8.16 AUTHORITY TO APPROVE EMPLOYMENT AGREEMENTS – May 15, 2014
8.17 GUIDELINES FOR ENTERING INTO CONTRACTS –  June 19, 2014
9.01 BELLA VISTA LOGO – February 18, 2010
9.03 VOLUNTEERISM – October 18, 2007 (Replaces P 9.03 and 2.03M)
9.04 POA BOARD ELECTION AND POLITICAL CANDIDATES / USE OF FACILITIES – December 11, 2014
9.05 COMMUNITY FUND DRIVES – June 4, 1987
10.01 WHO IS A DEPENDENT? – May 10, 2007


8.03.2 DOCKS AND/OR BOATHOUSES POLICY Top
Purpose
The purpose of this policy is to clarify the rights, obligations, and authority of adjacent private property owners, the ACC, and the POA as it concerns POA Common Property (shoreline and lakebed).
General
1. Common Property belongs to all of the members of the POA and normally may not be used exclusively for private purposes (P 8.031). The use of Common Property along the shoreline and/or in the lakebed for private purposes may be approved by the POA as the owner of the property. Permission to use such Common Property for construction and use of a dock and/or boathouse may be granted by the POA.2. The owners of existing docks and/or boathouses shall be grandfathered in accord with the intent of predecessor policy 3.06M that was never implemented, granting them continuing permission to use the Common Property on which such approved facilities are located.3. Design and construction of docks and/or boathouses are subject to the specifications and approval of the ACC (Declarations XII, Covenants Paragraph 9). A permit to construct must be obtained from the ACC prior to commencing construction.4. The owner(s) of the dock and/or boathouse shall have the right of passage of their rights to successive owners.5. In permitting the use of Common Property for constructing a dock and/or boathouse the POA does not relinquish title to such Common Property.6. The POA shall assign on its maps a dock number to each lake lot that has or could have a dock and/or boathouse constructed on it. This number will serve as a permanent method of identification for all docks and/or boathouses existing or actually/potentially being constructed. Upon approval of the completed dock and/or boathouse via final inspection by the ACC, the POA will issue an ID number sign that must be displayed on the lakeside of the dock and/or boathouse.
Maintenance
1. It is the responsibility of the owner to maintain the dock and/or boathouse (see 4.02M).2. Periodically, the POA will conduct inspections from the water of docks and boathouses. Inspections will be conducted by a Lakes Inspection Team of no more than five persons appointed by the General Manager and comprised of representatives from the Lakes JAC, POA management, and POA membership. Any determination of unsatisfactory maintenance shall require the unanimous agreement of the Lakes Inspection Team, and will include a written report and photographic evidence that shall be submitted to POA management for action.3. If repairs are required, the property owner will be informed in writing by the POA with a copy to the ACC.
a. Approval of a repair plan, which must bring the dock and/or boathouse up to current standards, must be obtained from the ACC.
b. Upon completion of the repair the ACC will send the owner a letter indicating completion of satisfactory repairs, with a copy to the POA.4. If the owner does not respond to the repair request within 60 days the POA at its option may repair or remove the dock and/or boathouse.
a. Fifteen days notice of this impending action will be given to the owner.
b. The cost will be added to the current annual assessment.
c. Non-payment will result in a lien on the property.
Implementation
1. A copy of this policy will be given to each property owner who owns lake front property.2. This policy replaces all prior policies related to this subject, including but not limited to   3.04.2M and 3.06M.

8.04 ORIGINALS TO REMAIN IN OFFICE  Top
Original financial documents and. technical drawings may not be removed from the Property Owners Association offices.

8.06 CONDUCTING A BUSINESS ON RESIDENTIAL PROPERTY  Top
Should the General Manager be made aware of any activity for remuneration on a residential property, he shall, within one week, seek the cooperation of ACC in causing such activity to cease. If the activity continues after notice to ACC, the General Manager shall, within six weeks, take appropriate action to cause the activity to cease.The following indications,, among others, which result from an activity for remuneration on residential property, shall be sufficient to proceed under this policy: Increased traffic Parking on other than an ACC approved driveway Odors or fumes Noise Visible parking of a commercial vehicle A sign or signs indicating an activity for remuneration Employment of help for other than on-site domestic service or personal or health care for the residents of the premises Visible storage of merchandise for sale or resale Garage sales occurring more frequently than once a year, or offering for sale items from more than three other households, or lasting for more than three consecutive days.

8.08 STANDARD OPERATION PROCEDURES MANUAL Top
In the interest of business efficiency of service to the POA membership, the POA Board of Directors mandates that POA Management develop, maintain and review annually a detailed Standard Operation Procedures Manual (SOP) to include the Corporate Headquarters and each Division of the POA.Cross Reference: P4.01 Public Works Standards and Operations P8.05 Purchasing

8.09 SELECTION OF PROFESSIONAL SERVICES Top
The professional Architect, Engineer, Surveyor or other state-licensed individual/consultant who must personally stamp and sign his/her work, thereby assuming personal liability above and beyond any corporate liability of the firm for which he might work, should not compete on the basis of cost only. Selection should also be based on:
• Personal qualifications
• Qualification of the firm
• The ability to provide the services in a timely, as well as competitive, manner
• Prior history of successful services provided if a firm or individual has been previously engaged by the POA
The selection of professional services shall be by a selection Committee
Detailed procedures shall be described in the POA Standard Operating Procedures Manual.

8.10 SELECTION OF CONTRACT SERVICES Top
It is the policy of the Bella Vista Village POA to select contractors on a competitive bid basis for services that are expected to cost $25,000 or more. Selection should be based on:
• Cost
• Qualification of the firm
• The ability to provide the services in a timely, as well as competitive, manner
• Prior history of successful services provided the firm has been previously engaged by the POA
The selection of contract services shall be by a selection Committee.Detailed procedures shall be described in the POA Standard Operating Procedures Manual.

8.11 PROCUREMENT OF GOODS AND EQUIPMENT Top
It is the policy of the Bella Vista Village POA to procure goods and equipment on a competitive bid basis for purchases that are expected to cost $25,000 or more. Selection should be based on:
• Cost
• Supplier reputation for service
• Brand reputation for quality and service
• Delivery in a timely, as well as competitive, manner
• Warranty termsProcurement award will be done by a Selection Committee (defined in the POA SOP Manual).

8.12 POA MERCHANDISING AND/OR ADVERTISING Top

  1. PURPOSE
    Purpose of this policy is to establish guidelines for any non-POA entity to merchandise and/or advertise with the Bella Vista Village POA.
  2. APPROVAL
    The initial proposal for a merchandising and/or advertising project would first be proposed to the General Manager’s office. Referral might then be made to the appropriate Joint Advisory Committee or other POA entity. After review the General Manager’s approval or rejection of any proposed project will be final.
  3. REQUEST FOR APPROVAL
    The following information is to be supplied with a request for approval:• Committee, department, etc., making the proposal
    • Purpose of the proposal
    • Advertising/merchandising location
    • Temporary or permanent activity
    • Details of the merchandising/advertising: signage, size, colors, etc.
    • Names of persons who would oversee the placement and maintenance of the merchandising once it is approved
    • Revenue/Cost analysis
  4. GUIDELINES
    As the overall POA image will be reflected in any merchandising or advertising allowed, the following guidelines must be followed:• Any type of outdoor and/or permanent signage has to be approved by the appropriate external authorities
    • Content—family oriented, no alcohol, smoking or sexual/inappropriate attire references
    • Sizes of advertising/signage to be appropriate to surroundings
    • Passive—not animated or lighted
    • Tasteful use of colors, graphics, pictures, etc.
  5. ACCOUNTING PROCEDURES
    The Accounting Department must be informed and a method set up to account for revenue and expenses. The Treasurer’s office must be consulted to ensure satisfactory procedures are in place and to provide a quarterly report to both the Board and Management.
  6. OVERSIGHT
    The General Manager will provide oversight and prepare status reports on any such new projects to the Board as appropriate.

8.13 GUIDELINES FOR LEASING OF POA ASSETS Top

  1. PURPOSE
    It is the purpose of this policy to prescribe the conditions under which POA assets (land, buildings, facilities, equipment, etc.) may be leased to a public or private entity. The power to lease assets rests with the Board of Directors (Bylaws IV.2.B). This policy specifically does not cover the golf courses, the conditions for such leasing being prescribed in the Declarations (VIII.3(e)).
  2. PROCEDURE
    1. Any leasing initiative that affects the Village amenities and/or the privileges of POA members must be approved in advance by the Board of Directors.
    2. The General Manager shall submit to the Board a written recommendation for such a leasing initiative and include a full evaluation of the potential impact on the POA and its members, including operations, finances, access, services, etc.
    3. If the leasing is to involve providing access to other than POA members and their guests, the pros and cons must be specifically documented, and the conditions elaborated.
    4. Upon approval of leasing by the Board the General Manager may proceed to solicit prospective lessees. The Board delegates to the General Manager the authority to execute a leasing agreement.
    5. The General Manager shall report to the Board upon entering into any lease agreement. Further, the status of each lease operation shall be reported semi-annually.
  3. GENERAL CONDITIONS FOR LEASES
    1. Leases normally may be executed for no more than one year, but with the right of renewal.
    2. Due diligence investigation of the prospective lessees shall be conducted and be documented.
    3. The selection process shall provide for open and free competition by prospective lessees. The latter shall be prohibited from contacting Board members or staff to promote their applications. Such contact may warrant the rejection of the application.
    4. Adequate provision shall be made for termination of leases.
    5. Leases shall clearly define the premises being leased and the purpose of the lease.
    6. The obligations of the POA and the Lessee regarding responsibilities (legal, regulatory, operational, insurance, financial, etc.) shall be clearly specified.
    7. Appropriate financial security arrangements shall be required of the lessee in order to protect the POA.
    8. All leases shall involve a thorough review by legal counsel.

IV. CONDUCT DURING THE TERM OF THE LEASE

1. The General Manager shall be responsible for monitoring the Lessee and ensuring that the POA and Lessee meet all of the terms of the lease agreement.

2. The General Manager shall report to the Board in advance regarding his intent to renew a lease agreement. The Board shall be provided an opportunity for input prior to lease renewal.

3. The General Manager shall inform the Board of Directors of issues which arise that may lead to a termination of the lease agreement.

4. The General Manager normally will take the initiative in terminating a lease agreement, and will report such termination to the Board. However, in circumstances that the Board determines to be unusual, the Board may direct the General Manager to terminate a lease for cause.


8.14 APPROVAL AND CHANGE OF JOB SCOPE PROCEDURES FOR CAPITAL PROJECTS Top
PURPOSE
To elaborate approval mechanisms, limits, controls and reporting for expenditures on major projects. The projects may be for any purpose and may include capital expenditures and/or expense for construction, renovation or other action impacting assets of the POA.
APPLICATION
This policy will apply to all expenditures exceeding $100,000 on an accumulative basis for any single project to construct, renovate, or acquire assets as described above. Projects may not be subdivided to avoid application of this policy.
PROJECT SCOPE
Before beginning a project as described herein, the Administration will prepare a document describing the scope of the project. A common form will be utilized to provide pertinent and required information regarding purpose, business case, detailed components of project, funding, contingencies (if applicable) and timing for each project. Any POA labor or any other internal cost expended toward completion of a project is to be included in the project scope.

APPROVAL OF PROJECTS

Capital projects normally must be approved by the Board during the regular budget consideration process. Any project not covered in the current year’s budget will require Board approval. Any request for Board approval must include an assessment of impact on the current year’s budget and also any ongoing impact on succeeding year’s budget(s). This information should be in the business case for all projects.
PROJECT CONTROL
The Administration shall be responsible for control of all projects approved under this policy. Financial records will provide accurate accountability for each project and will also provide tracking to confirm any significant cost savings projected by the business case for the project.Any change in the conceptual scope of a project as presented and approved by the Board of Directors (change in components of project for cost or configuration) must go through the approval required herein for a new project. Any immediate changes approved by the General Manager will be reported to the Board no later than the next Board meeting. The General Manager will develop and utilize a common form for approval of changes.All acquisitions for elements of each project will follow applicable bidding and purchasing procedures.
Monthly reporting will be provided on all approved projects until completion. Budget review meetings will include information and progress reports as appropriate on status of projects.Overruns may be permitted on a project without additional Board approval if the cumulative overrun does not exceed 10% of the total project funding. The General Manager will inform the Board of a project’s potential cumulative overrun.

8.15 OPERATIONS BEYOND THE GEOGRAPHIC BOUNDARIES OF BELLA VISTA VILLAGE Top
AUTHORITY:
The General Manager is vested with the authority to permit the participation of POA entities in operations beyond the geographic boundaries of Bella Vista Village. Such permission will be based on responsible business practice coupled with an evaluation of the benefit that will accrue to the membership of the POA.RESPONSIBILITY:
The General Manager may, at his discretion, devise Standard Operating procedures, forms or other means by which the requirements of sound business practice and benefit may be demonstrated; any such requirements should be designed so as to facilitate use by POA members and Committees.

8.16 AUTHORITY TO APPROVE EMPLOYMENT AGREEMENTS Top
It is the policy of the Bella Vista Village POA that all employment agreements are to be approved by the Board of Directors prior to their execution. Upon approval by the Board of Directors, the General Manager is authorized to enter into such employment agreements on behalf of the Bella Vista Village POA. The General Manager’s employment agreement shall be approved solely by the Board of Directors.

8.17 GUIDELINES FOR ENTERING INTO CONTRACTS Top
It is the policy of the Bella Vista Village POA that all contracts or agreements obligating the POA to an expenditure of over $100,000 must be approved by the Board of Directors prior to their execution. Upon approval by the Board of Directors, the General Manager is authorized to enter into such contracts or agreements on behalf of the Bella Vista Village POA.

9.01 BELLA VISTA LOGO  Top
There shall be three approved logos for the Bella Vista Property Owners Association, all of which will be trademarked in Arkansas. The design is reproduced below.
Logo with Sloganbella vista village logo
The appropriate use of these logos shall be at the discretion of the General Manager.

9.03 VOLUNTEERISM Top

  1. PURPOSE
    The purpose of volunteerism in the POA is to give members an opportunity to share their expertise and interest in serving their community and promoting the 40 plus year legacy of Bella Vista Village.

    1. The community benefits by receiving a service or expertise that saves time and money, and enhances the attributes of the POA.
    2. The volunteer benefits by gaining a voice, involvement, empowerment, ownership, self satisfaction, and socialization.
  2. OPPORTUNITIES FOR VOLUNTEER SERVICE
    1. Board of Directors
      Elected by POA members
    2. Joint Advisory Committees (JAC’s)
      Interested members volunteer and the General Manager & Board Chairman select members for
      Recreation, Golf, and Lakes
    3. Task Forces and Other Committees
      Appointed by Board Chairman or General Manager
    4. Ambassador Program Volunteers
      Designed and coordinated by a Volunteer Coordinator reporting to the General Manager. The Coordinator will monitor the overall effectiveness of the program, establish appropriate recognition, report on the effectiveness and cost savings, etc.
    5. 5. Artisan Volunteers
      Designed and coordinated by a Volunteer Coordinator reporting to the General Manager. . The Coordinator will monitor the overall effectiveness of the program, establish appropriate recognition, report on the effectiveness and cost savings, etc.
  3. VOLUNTEER RIGHTS AND RESPONSIBILITIES
    1. Volunteers are viewed as an altruistic and valuable resource, not entitled to remuneration.
    2. Volunteers will be treated as co-workers with the right to effective training and supervision.
    3. Volunteer position descriptions with an application process and consistent assignment procedures will be followed.
    4. Volunteers will not replace paid employees.
    5. The health and safety of volunteers will be a priority, and they will not perform hazardous duties.
    6. Volunteers will be expected to perform to the best of their ability and remain loyal to the goals and procedures to the end date of service.
    7. No person who has a conflict of interest with any activity or program whether personal, philosophical or financial shall be accepted as a volunteer.

Areas not covered by this policy or other governing documents shall be brought to the Board of Directors for resolution based on the specifics of the situation.


9.04 POA BOARD ELECTION AND POLITICAL CANDIDATES / USE OF FACILITIES Top
PURPOSE: To prescribe the conditions under which POA facilities and Common Property may be used for POA Board election and political activities.
I. POA ROLE IN CAMPAIGNING

1. Bella Vista Village Property Owners Association Board of Directors shall not endorse any candidate for the POA Board of Directors or for any other political/elected office.2. The POA may sponsor forums for candidates for election to the POA Board in POA facilities. All valid candidates must be invited to participate. The POA may not sponsor forums for candidates for election to any other political/elected office.

II. CAMPAIGNING ON POA FACILITIES

It is the policy of the POA Board of Directors to permit qualified candidates for the POA Board to utilize POA facilities for the purpose of campaigning for election to the Board. Such practice shall be in conformance with the following:

1) Approval must be granted by the Facility Manager and shall not interfere in any manner with the regular operations of the facility.

2) Campaigning shall be limited to the distribution of flyers, brochures, cards or other forms of informational material. Speeches, political signs, or any other form of overt or conspicuous campaigning is not allowed.

3) All campaigning will be conducted in a courteous manner.

4) Such campaigning may occur at an event in a POA facility only with the permission of both the Facility Manager and the sponsor of the event.

III. USE OF POA FACILITIES

1. Any POA member may rent a POA facility for purposes of holding a political event.

2. No political signs, posters, or other forms of conspicuous campaign materials may be affixed to or placed upon POA Common Property such as buildings, parking lots, playgrounds, lake facilities, parks, golf courses, or roadside entrances to POA facilities that are on POA property. Unattended vehicles which are identified with political signs or other campaign material (except bumper stickers) may not be parked on POA Common Property. All political signs must comply with the current Zoning Ordinance of the City of Bella Vista, Arkansas, as amended.


9.05 COMMUNITY FUND DRIVES   Top
Community fund drives shall not be a Property Owners Association function and the POA, as a non-profit organization, will not contribute either time or money. Solicitation of POA employees on POA premises is limited to distribution of a 3 1/2” x 7” slip (provided by a recognized organization) which may be included with the employee paycheck, not more than once a year for each organization.

10.01 WHO IS A DEPENDENT?   Top

A member may claim as a dependent:

  1. A ward or relative within the first degree of kinship or guardianship for whom the member provides more than 50 percent of living costs and whose legal address is the member’s home, and who is:
    1. Single and eighteen years of age or younger, or
    2. Single and a full time student (12 credit hours) not more than 23 years of age, or
    3. According to a doctor’s notarized statement, incapable of self-support or in need of such physical assistance as to nullify independent living.
  2. An adult child or spouse of an adult child and the children thereof who resides temporarily with the member while the adult child or spouse of the child is actively serving in an armed force of the United States and who is serving in such armed force as a direct result of armed struggle in which the United States is engaged. Documentation of proof of service in the United States Armed Force will be required.

In all cases, official documentation of the facts will be required. Such documentation may consist of driver’s licenses, current voter registration cards, proof of school enrollment, the dependent’s birth certificate, etc.

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