1.01 MEMBER ACCESS TO POA INFORMATION - November 17, 2011
1.02 ESTABLISHING, CHANGING, OR RESCINDING POLICIES - November 15, 2007
1.03 GUIDELINES FOR POA COMMITTEES - November 17, 2011
1.03.1 AUDIT COMMITTEE November 15, 2007
1.03.2 GUIDELINES FOR FUNCTION - ELECTION COMMITTEE - August 19, 2010
1.03.3 COMMUNICATIONS COMMITTEE (formerly Edititorial Cte) December 13, 2007
1.03.4 PLANNING COMMITTEE December 13, 2007
1.03.5 RULES AND REGULATIONS COMMITTEE December 13, 2007
1.032 NOMINATION BY PETITION - September 8, 2011
1.04 JOINT ADVISORY COMMITTEES - May 12, 2011
1.07 BOARD MEETINGS - May 15, 2008
1.08 GUIDELINES FOR SPECIAL MEETING OF MEMBERS - February 16, 2012
1.10 BOARD OF DIRECTOR’S ETHICS - March 20, 2008
1.11 CONFLICT OF INTEREST POLICY - March 18, 2010
2.01 REGULATION OF COMMON PROPERTY - LAKES - August 16, 2007
2.02 FACILITY RESERVATIONS AND FEE POLICY - August 16, 2007
2.03 GOLF CART REGISTRATION - August 16, 2007
2.04 BOAT REGISTRATION AND MOORING LEASE AGREEMENT - September 16, 2010
3.01 PENALIZING A MEMBER - August 16, 2007
3.01.1 APPEAL PROCEDURE - September 18, 2008
3.02 IDENTIFICATION CARDS - August 16,2007
3.03 GUEST POLICIES - December 8, 2011
3.06 MEMBERSHIP CARDS - April 20, 2006
3.08 PARKING OF VEHICLES - May 15, 2008
3.09 SUSPENSION OF WATER SERVICE FOR NON-PAYMENT OF ASSESSMENTS - March 17, 2011
4.01 CROSS-CONNECTION CONTROL POLICY- August 21, 2008
4.02 EXTERIOR MAINTENANCE POLICY - November 17, 2011
6.02 OFFICIAL POA PUBLICATION AND RELEASE OF INFORMATION - May 15, 2008
7.03 THE BUDGET - February 16, 2012
7.04 MANAGEMENT INVESTMENT POLICY - August 19, 2010
7.05 ASSESSMENTS. FEES AND OTHER REVENUES - May 15, 2008
8.01 INDEMNIFICATION OF DIRECTORS AND OFFICERS FOR DEDUCTIBLES - November 3, 1988
8.02 GIFTS - October 1, 1992
8.030 PROCESS AND DOCUMENTATION REQUIRED TO SUPPORT A REQUEST FOR THE USE OF COMMON PROPERTY AS A RESULT OF A SEPTIC SYSTEM LEACH FIELD FAILURE June 15,2006
8.031 USE OF COMMON PROPERTY - February 15, 2007
8.032 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
9.01 BELLA VISTA LOGO - February 18, 2010
9.03 VOLUNTEERISM - October 18, 2007 (Replaces P 9.03 and 2.03M)
9.04 POLITICAL CANDIDATES / USE OF FACILITIES - May 15, 2008
9.05 COMMUNITY FUND DRIVES - June 4, 1987
10.01 WHO IS A DEPENDENT? - May 10, 2007

1.01 MEMBER ACCESS TO POA INFORMATION  Top 

PURPOSE:
To ensure that the spirit of POA bylaw IV.3.F. is followed, thereby ensuring that members shall be advised of the performance of its Board and management and of the decisions that are reached and policies adopted in behalf of the association and its members. This policy will ensure that POA members have appropriate access to information and proceedings of their Association, consistent with the right and need to know, while still enabling the Association to conduct its business and operations to the best advantage of its members.

I. MEETINGS OF THE POA BOARD OF DIRECTORS
1. All Board meetings shall be announced in advance.

2. Regular and special meetings of the Board of Directors which conduct the business of the POA shall be announced to the members and be open to all members. All formal actions of the Board shall occur only in these meetings, except for those occurring in Executive Session (see I.3 below). The minutes of such meetings shall be accessible to POA members.

3. The Board will hold an Executive session at the call of the chairman, the request of the General Manager/President, or upon the written request of at least three members of the Board. Executive Sessions are normally used for POA personnel issues, membership discipline, legal issues, and/or other sensitive issues or topics that the Board needs to be informed of our give direction on. Each Director shall be notified of an Executive Session as far in advance as possible. The Corporate Secretary may attend an Executive Session for the purpose of taking minutes. Formal actions by the Board of Directors may be taken in Executive Session subject to the normal quorum and voting requirements.

Executive Sessions are closed meetings and all minutes of such meetings, the materials used in such meetings, and the discussions occurring in such meetings, shall be kept and remain confidential. The subject of or general topics discussed at Executive Sessions shall be reported normally at the next regular Board meeting. Any action taken by a vote of the Board at an Executive session may be reported normally at the next regular Board meeting to include the individual Board member’s vote on the topic or by a confirming roll call vote.

4. Work sessions of the Board will be open meetings but no formal actions may be taken at such sessions.

5. The Board may hold Discussion sessions that will normally not be open to others. No formal action may be taken at such sessions and minutes will not be recorded.

II. COMMITTEE MEETINGS
1. All POA Committee meetings shall be announced in advance.

2. Meetings of the Audit Committee and the Elections Committee normally will be closed meetings. Meetings of the other Board Committees (Rules and Regulations, Communications, and Planning), which develop recommendations for the Board, normally will be open meetings but may be closed at the discretion of the chairman, but only with the concurrence of the Board Chairman.

3. Meetings of Joint Advisory Committees will be open and minutes will be accessible to POA members. Sub-committee meetings developing recommendations for the full committee may be closed.

4. Meetings of Ad Hoc Committees and Task Forces, etc. normally will be open but may be closed at the discretion of the chairman. All recommendations emanating from such Committees will be accessible to POA members.

5. The schedule of all POA meetings, whether open or closed, shall be made widely available in a timely manner. The agendas of all Board meetings shall be widely accessible in advance.

III. OTHER MEETINGS
1. Meetings of POA staff, management, or Board members with other organizations shall be closed, unless mutually agreed to be open.

2. Meetings of POA staff or management shall not be open unless an exception is made by the General Manager.

IV. PRESS ACCREDITATION
1. For the purpose of assisting in the dissemination of information to the membership, the General Manager is empowered to provide media organizations the same access to Association meetings and information as a member of the Association.

V. DOCUMENTS
1. Any document distributed at an open meeting of the Board, an open meeting of a Board Committee, a Joint Advisory Committee, or an Ad-Hoc Committee or Task Force shall be deemed an open document and therefore available to the POA membership. Whenever feasible, copies of such documents shall be made available to attendees at such meetings.

2. “Books and Records” as cited in POA Bylaws IV.3.F are defined herein as official POA reports, both financial and otherwise, including documents distributed in accord with item V.1 above. They shall be made accessible to members, either electronically, in the library, and/or from the POA general office during normal working hours. Members desiring personal copies of such documents shall be required to pay for the cost of producing copies, except if such should have been available at an open meeting.

3. Working papers prepared by POA staff or Board members normally will not be available to the membership unless they are presented at open meetings (see V.1 above).

4. While financial reports shall be made accessible to members (see V.2 above), background documentation and accounting files normally will not be made available to other than POA staff or Board members.

5. Most contracts executed by the Association shall be open to inspection by the members. Excluded will be personnel–related contracts and those that have non-disclosure provisions.

6. The POA shall not be required to uniquely compile information for a member unless agreed to by the General Manager or the Board of Directors. Complying with requests by POA Committees for unique compilations must be approved by Management.

7. Communications between or among Board members, POA staff, or committee members shall be considered private and not accessible to POA members, regardless of whether such documents exist in electronic or hard-copy form.

8. Personal information, other than salaries, regarding individual POA personnel shall be confidential.

9. The General Manager or the Chairman of the POA Board of Directors may, at their discretion, permit a normally-confidential document to be made available to POA members.

VI. MEMBERSHIP LISTS
1. POA membership lists are for the use of the Association only. Such lists will not be distributed to POA members or to other parties. The only information regarding membership to be provided is whether or not an individual is or is not a member of the Association.

2. The General Manager is authorized to provide name and address information of new POA members but only with their consent, to appropriate non-profit charitable organizations based in Bella Vista.

VII. ATTORNEY-CLIENT RELATIONSHIP
1. The Association will follow the normal practice of attorney-client privilege with its staff attorney(s) and with outside counsel. This includes written and oral advice and opinion rendered to the Association, its staff, and its Board, which shall be confidential unless released by the Association at its discretion. Members of the Board of Directors shall be considered part of the client body, and shall have confidential access to such advice and opinions.

VIII. ENFORCEMENT
1. If any member of the staff, management, or the Board violates the provisions of this policy the normal proceedings, depending on status, shall be instituted for disciplining the person.

1.02 ESTABLISHING, CHANGING, OR RESCINDING POLICIES  Top

PURPOSE
To establish a uniform method and responsibility for the control of establishing, changing, or rescinding POA policies.

DUTIES
1. It is the responsibility of the Rules and Regulations Committee to recommend establishing, changing, or rescinding POA policies. Policy issues of concern may be referred to the Rules and Regulations Committee by the Chairman of the Board, the chair of any Board or Joint Advisory Committee, or individual Board members.

2. The Rules and Regulations Committee has the authority to renumber and reorganize board and management policies with a view toward eliminating management policies.

GUIDELINES
1. Notice: Notice of an intent to change, establish, or rescind all policies shall be given via published agenda for two consecutive Board meetings. Upon approval of two-thirds of the members of the Board of Directors, an emergency may be declared and the second agenda notice and vote may be waived.

2. Procedure:
a. To establish, change, or rescind a policy after proper notice by agenda has been made, a motion shall be made at two consecutive Board meetings and passed by a majority of the Board.
b. If an emergency is approved, one notice and vote is required.
c. Establishing, changing, or rescinding management policies require one notice and vote.

3. The Board may adopt resolutions by a majority vote of all directors, provided that such resolutions have been a part of the regular printed agenda. Adding a resolution to the agenda after it is printed requires the written request of three Board members present. Resolutions may express a “sense of the Board” or may direct or approve specific actions. However, resolutions may not be used as a tool to change or create POA bylaws, or to create or amend Board or POA policies.

1.03 GUIDELINES FOR POA COMMITTEES  Top

I. PURPOSE
To clearly state and define the purpose, composition, duties, and method(s) to be used by committees appointed by the Board of Directors or Board Chairman.

POA Committees are categorized as follows:

a. Board Policy Committees
b. Joint Advisory Committees
c. Operational Committees
d. Special or Ad-Hoc Committees and Task Forces.

II. BOARD POLICY COMMITTEES
1. Board Policy Committees are appointed under the authority of the bylaws (Article VIII, Sections 2). Their composition and duties shall be as enacted in separate Board Policies.

III. JOINT ADVISORY COMMITTEES (JACS)
1. JACs are appointed under the authority of Article VIII, Section 10 of the bylaws. Their composition and duties are specified in Board Policy 1.04.

IV. OPERATIONAL COMMITTEES
Operational Committees are appointed under the authority of the Bylaws, Article VII, Section 1.

V. SPECIAL OR AD-HOC COMMITTEES AND TASK FORCES
1. These committees are appointed by the Board Chairman under the authority of bylaw Article VIII, Section 1. Members must be POA members in good standing. With the concurrence of the General Manager, staff support may be provided to the committee.

2. The appointment of such committees and task forces, their mandate, their time frame, and their composition shall be reported promptly to the Board by its Chairman.

3. The removal of a committee member for cause shall follow the procedure outlined for JACs in BP 1.04.

4. The Committee may create appropriate sub-committees to assist in completing their assigned work.

5. The allocation of resources to such committees and task forces, beyond those provided in the existing budget, requires the approval of the Board.

6. Minutes and supporting documents will be kept for each meeting. These will be provided to the Corporate Secretary for inclusion in the monthly Board information. All records, including the committee’s signed final report, and any signed minority report(s), will be kept in the corporate files.

7. At its final meeting, the Special Committee will provide a written report with recommendation(s) to the Board. After studying the report and recommendation(s), the Board will have a discussion and take appropriate action to determine the outcome of the committee’s recommendation(s). Unless further tasks are requested by the Board, the committee will be dissolved.
 

 1.03.1 AUDIT COMMITTEE Top

I. PURPOSE
The Audit Committee is to ensure that the annual independent audit is performed satisfactorily within the desired scope and is reported appropriately to the membership. The committee will also direct the auditors in any special review or audit deemed necessary.

II. ORGANIZATION AND APPOINTMENT
1. The Audit Committee is a Board Committee with at least three members appointed by the Chairman each June. Members will serve for staggered three year terms. The Treasurer and Controller are ex-officio members without vote.

2. The Committee will elect its chairman and secretary.

3. Meetings will be held as determined by the committee.

4. Minutes will be provided to the Corporate Secretary and distributed to the Board.

III. DUTIES
1. Be guided by P 8.09 in the selection of auditors.

2. Determine when a change of auditors is appropriate, prepare the Request for Proposal (RFP), and evaluate the responses to effect such a change.

3. Report to the Board of Directors as appropriate.

4. Provide the POA Treasurer with assistance and/or guidance as requested.

5. Meet with the auditors prior to the beginning of the audit work to discuss the general scope of the audit and to direct the auditors regarding any special focus or emphasis to be covered by the audit.

6. Meet with the auditors for an exit interview upon completion of the field work to identify and discuss any problems or points of concern identified by the auditors.

7. Inform the Board of Directors of any special engagements that the committee requires the auditors to perform in addition to the annual financial audit of the Association.

1.03.2 GUIDELINES FOR FUNCTION - ELECTION COMMITTEE  Top

OBJECTIVE
To provide the Property Owners Association an independent resource through which Directors may be elected to the Board, and to establish voting procedures for special situations as might arise at the direction of the Board.

DUTIES
1. Supervise the Nomination by Petition Process.

2. Oversee the development of a timetable for Board of Director elections and review the election timetable with all individuals involved in the election process. The election timetable shall be finalized no later than five months before the Annual Association Meeting. The timetable will be made available to all operating personnel involved in the election procedure.

In the event of a delayed election, the committee will oversee the development of a timetable for the election process which will provide for an election to occur at the earliest reasonable time. All other duties of the Committee will be carried out with allowances for the delayed election process.

3. The Election Committee Chairman will receive the list of candidates from the Corporate Secretary at the January meeting of the Board. There must be no prior disclosures of the candidates’ names.

4. The Election Committee will announce the candidates’ names during the January Board meeting (Bylaws, Article V, Section 1, Paragraph C).

5. If necessary, the Election Committee will conduct a lottery drawing at the February Board meeting to determine the order in which the candidates’ names shall appear on the ballots. In the event the lottery does not take place at the February Board meeting, the lottery drawing shall be held at a public meeting after notice has been given to all candidates of the date and time of the meeting, as soon as possible thereafter.

6. Oversee the process of preparing, distributing, and receiving ballots from eligible Association members.

7. Oversee the process of counting and tabulating ballots as outlined in the Bylaws (Bylaws, Article V and X). If the Election Committee is recommending a change from the prior year’s counting process, the change shall be presented at a Board Working Session and approved by the Board of Directors at the following Board meeting. If the Board of Directors takes no action, the change is deemed approved.

8. The Election Committee will meet no later than six weeks before the election to perform the following:
a. Finalize ballot layout, size and tally design.
b. Review all materials to be published and mailed; the material shall not otherwise be edited (except for length.) If the resumes are edited for length, the candidates’ approval of the change will be sought. (Bylaws, Article V and XI)

9. BALLOT MATERIALS CONSIST OF:
a. Notice of Annual Meeting
b. Resumes of candidates
c. Ballot
d. Description of vacancies to be filled and the terms of office.
e. Set forth the names of the candidates.
f. Appropriate instructions, including but not limited to:
1) How to identify the candidate(s) for whom a person wishes to vote.
2) A person may vote for up to, but no more than the number of vacant positions.
3) Any vote which is qualified or restricted in any way is invalid and will not be counted.
4) How, where, and when to return the ballot.
5) Ballots may be delivered in person prior to the start of the Annual Meeting.
6) Mailed envelopes with insufficient postage will not be accepted.

10. Ballot materials must be mailed at least 30 days prior to the 3rd Tuesday in May of each year. Members in good standing (Bylaws, Article I, Section 10) as of March 31 will receive a ballot.

11. Ensure the verification of received ballots.

12. Ensure ballots are secured until counted (Bylaws, Article V, Section 2, Paragraph F).

13. Ensure ballots submitted immediately prior to the Annual Meeting are validated, counted, and added to the total.

14. Oversee the announcement of the election results at the Annual Meeting by the Election Committee and present the tabulated results to the Corporate Secretary for recording as a permanent record (Bylaws, Article V, Section 2, Paragraph H).

15. A candidate may request a recount if he/she loses by less than 100 votes. The request must be made to the office of the Corporate Secretary within three business days of the day the results are announced.

16. Fifteen (15) days after the announcement of the election results, unless a recount is requested, all returned ballots material shall be destroyed.

17. Exercise discipline of individual Committee members as provided for by Board policy.

18. A copy of Committee meeting minutes, along with other supporting data, reports and Committee recommendations, if any, will be submitted to the Corporate Secretary within twenty (20) working days of the annual meeting.

1.03.3 COMMUNICATIONS COMMITTEE Top

I. PURPOSE
The Communications Committee is to ensure that POA members are provided information necessary for understanding issues and opportunities facing the Association, to assist the POA in working with external groups and organizations, and to ensure that POA members are informed of POA activities.

II. ORGANIZATION AND APPOINTMENT
1. The Communications Committee is a Board Committee with at least three members appointed by the Chairman each June. The Communications Manager is an ex-officio member without vote.

2. The Committee will elect its chairman and secretary.

3. Meetings will generally be held monthly.

4. Minutes will be provided to the Corporate Secretary and distributed to the Board.

III. DUTIES
1. Be guided by P 6.02.

2. Act as a liaison between the Board and Administration on POA information activities.

3. Make budget and personnel recommendations regarding communication activities.

4. Ensure that the membership is informed and educated about issues, policies, and activities within the POA.

 1.03.4 PLANNING COMMITTEE Top

I. PURPOSE
The Planning Committee is responsible for identifying and coordinating the planning activities necessary to ensure the welfare and further development of the Property Owner’s Association.

II. ORGANIZATION AND APPOINTMENT
1. The Planning Committee is a Board Committee with at least three members appointed by the Chairman each June. The General Manager is an ex-officio member without vote.

2. The Committee will elect its chairman and secretary.

3. Meetings will generally be held monthly.

4. Minutes will be provided to the Corporate Secretary and distributed to the Board.

III. DUTIES
1. Identify future critical events or milestones that must be successfully managed to ensure a positive impact on the POA.

2. Recommend to the Board the initiation of planning activities and submit proposed membership and leadership for those activities.

3. Conduct an annual review of the POA Strategic Plans and recommend adjustments as necessary to the Board.

4. Conduct a review of action plans proposed by the General Manager that address key areas of the Strategic Plans.

5. Recommend annual budget guidelines for the Board’s approval.

 1.03.5 RULES AND REGULATIONS COMMITTEE Top

I. PURPOSE
The Rules and Regulations (R&R) Committee’s responsibility is to ensure that the Association’s bylaws and policies are kept in good order and reflect the will of the Association.

II. ORGANIZATION AND APPOINTMENT
1. The R&R Committee is a Board Committee with at least three members appointed by the Chairman each June. The General Manager is an ex-officio member without vote. The Association attorney and Corporate Secretary will provide staff support to the Committee.

2. The Committee will elect its chairman.

3. Meetings will generally be held monthly.

4. Minutes will taken and maintained by the Corporate Secretary and distributed to the Board.

III. DUTIES
1. Be guided by P 1.02 in the creation, amending, and rescinding of policies, etc.

2. To make recommendations to the Board of Directors regarding the Association’s governing documents, including the Declaration, the Articles of Incorporation, the Bylaws, Association Policies, and any other regulatory documents.

3. To originate action designed to update as necessary the POA governing documents.

4. To assist any Board members who may wish to establish, change, or rescind any parts of the governing documents.

5. To review and update the Board members Manual.

6. To maintain the Board of Director’s Policy Manual.

7. To annually submit to the Board, if appropriate and verified by the Committee, a resolution that the President and Treasurer not be required to obtain security and fidelity bonds because the Association’s Commercial Crime insurance policy duplicates this coverage.

1.031.5 GUIDELINES FOR FUNCTION - RULES AND REGULATIONS COMMITTEE  Top

It is the objective of the Rules and Regulations Committee to serve the Board by providing any Board member who wishes assistance with background research and suggestions for wording for motions concerning policy or Bylaws. It is understood that the individual Board member who introduces the concept of a policy or Bylaws change is responsible to work with the Committee towards the introduction and reading for the Board. 

Duties

1. Submit to the Board for approval suggested changes, revisions, and additions to the Bylaws, Policy Manual, and the Board Members Manual. 

2. Ascertain that motions concerning policy or Bylaws are not in conflict with existing Board policy, Bylaws, or Declaration and Protective Covenants.

3. Provide clear wording, avoiding ambiguity, for policy statements and Bylaws.

4. Review Bylaws annually to ascertain consistency with regard to timing and function in general.

5. Periodically review all Board and Management policies for application to current practices and requirements.

6. Provide the Board with minutes of Rules and Regulations Committee meetings.

Guidelines for Function
The Rules and Regulations Committee is a Board committee with a representative of each year of Board membership. Two (2) of the members will be appointed annually in June by the Chairman of the Board. The committee will designate in January each year one member who will serve as chairman for the following year and will be a carryover member the next year.

The General Manager will serve as an ex-officio member of the Committee.

1.031.6 COMMUNICATIONS COMMITTEE   Top

Objective
Assure that property owners are informed of:

1. POA policies, bylaws, official procedures and rules that affect the use and enjoyment of common properties.
2. Recreational, social and organizational activities well in advance of dates involved, including a general information contact number.
3. Other matters of common interest to the POA membership.

Committee Composition

1. Three POA Board members appointed by the Board Chairman, representing the three individual years of elections to ensure continuity.
2. The POA General Manager or designee.
3. The Editor of the Village Voice.
4. The website staff person.

Duties

1. Oversee publications of the Village Voice
2. Oversee the POA website
3. Utilize other means of communications such as town hall meetings, newspapers, television and brochures as deemed necessary to provide information to the membership on matters of interest or concern.

General

1. The committee will meet monthly.
2. A chairperson, vice-chairperson and secretary will be elected by the Committee at the first meeting each year after the Committee is formed.
3. The secretary will provide status reports of current projects and meeting minutes to the POA Board of Directors in a timely manner.
4. The Committee may utilize resource people from the POA staff, the membership or others as it deems appropriate.
5. The Committee will assure that an appropriate balance between advertising and topical copy is maintained.
6. The Committee may recommend to POA management changes to the advertising rate schedule for both the Village Voice website as it deems appropriate.

1.031.10 GUIDELINES FOR FUNCTION PLANNING COMMITTEE (Board Policy Committee) Top

I. PURPOSE
To identify and coordinate the planning activities necessary to ensure the continuing viability of the POA and Bella Vista Village.

II. ORGANIZATION AND APPOINTMENT
The Planning Committee is a Board committee with a representative of each year of Board membership appointed annually in June by the Chairman of the Board with the concurrence of the Board. The committee shall elect its own chairman. The General Manager shall be an ex-officio member of the committee. It is recommended that Joint Advisory committee members be called upon whenever appropriate.

Minutes of all meetings will be maintained as POA records and provided to other Board members on a monthly basis.

III. DUTIES

1. Identify future critical events or milestones that must be successfully managed to prevent a negative impact on the POA or Bella Vista Village.

2. Ensure that planning documents are safeguarded and updated as necessary.

3. Maintain a historical record of POA planning activities.

4. Be aware of the changing demographics and dynamics of the POA and Bella Vista Village and,
    therefore, recommend appropriate actions to be taken.

5. Seek out and recommend talented/qualified persons to assist in selected planning activities.

IV. MEETINGS
The committee shall meet monthly at a scheduled time and location or more frequently as required.

1.032 NOMINATION BY PETITION   Top

OBJECTIVE
Provide guidance for POA Members and Associate Members wishing to have their names placed on the ballot for election to the POA Board of Directors.

1. Any Member or Associate Member who is in good standing may petition to have his/her name placed on the ballot for the election of members to the Board of Directors. The petition program is the only method to gain access to the Board of Directors ballot.

2. This program will be under the direct supervision of the Election Committee and the decision of the Committee will be final.

3. The petition package shall consist of : 1) petition form, 2) Policy 1.10, 3) Policy 1.11, 4) a statement explaining Director fiduciary duties, 5) date of election, 6) minimum number of signatures required (50), and 7) dates the completed petitions must be returned. Completed petitions with a signed certification by the petitioner-candidate including an agreement of compliance with POA policies 1.10 and 1.11 and a statement of understanding of Director fiduciary duties must be returned to the Corporate Secretary.

4. Petition signatures must be legible and are limited to one signature per lot or living unit. (The Election Committee's decision in this matter is final.)

5. The Election Committee shall cause to be checked and verified by the Corporate Secretary, the petition signatures to ensure that petitions are valid.

6. The petitioner candidate shall certify that he/she understands all the requirements. Petition candidates shall agree to abide by and sign a statement of compliance with POA policy 1.10 entitled Ethics and POA policy 1.11 entitled Conflict of Interest as well as a statement of understanding regarding Director fiduciary duties and responsibilities to the organization. Upon presentation of the completed petition, completed statement of compliance, and completed statement of understanding the petitioner candidate shall certify that the petition meets or exceeds these requirements.

7. Certified candidates for the Board, will be announced at the January Board meeting.

1.04 JOINT ADVISORY COMMITTEES Top

PURPOSE: To provide for the creation, functioning, and delineation of areas of responsibility for Joint Advisory Committees (JAC’s) related to POA amenities appointed in accord with the bylaws, Article VIII, Section 10.

I. JOINT ADVISORY COMMITTEE (JAC) DUTIES

It is the duty of each committee to discuss, analyze and propose solutions for problems/opportunities within its area of concern and to make recommendations to the POA Administration and/or the POA Board of Directors. The Committees have no authority on their own. Matters for study may originate with the committee, a POA member, or be suggested by the Administration, the POA Board, or the Liaisons. Issues for study that may be outside of a JAC’s normal area of concern must first be approved by the Board and/or General Manager to ensure that there is a minimum of duplication of effort with other committees and/or the Administration.

The JAC’s also serve as a sounding board for POA member’s to express their concerns and suggestions, some of which may result in studies and recommendations.

II. MEMBERSHIP

1. The General Manager and the Chairman of the Board have the joint authority to appoint members to the JAC’s (Bylaws Article VIII, Section 10).

2. Joint Advisory Committees shall be comprised of up to seven members.

3. Appointments to the Committees are to be made in December with terms to begin the following January 1st, with each term being three years. If a committee member cannot complete the three (3) year term of service it will be the Board Chairman and the General Manager’s joint responsibility to appoint someone to serve the remainder of that three year term.

No employee of the POA may be selected to serve on a JAC that is in their area of employment.

4. Applications for appointment to the JAC’s are to be delivered to the POA Corporate Secretary. Applications will be accepted from August 15th until October 31st. Applications will be forwarded to the General Manager’s office to be accumulated in a file until the cut-off date.

The Chairman of the Board and the General Manager will jointly choose the applicants to be appointed. All applicants will be notified of the result of the process and the POA Board will be informed of appointee’s names.

III. LIAISONS

1. The General Manager shall appoint a non-voting Management liaison member to each JAC. Said liaison member shall provide current information to the committee concerning his/her division and be available for advice on matters of administration, operation, and planning

2. The Chairman of the Board shall appoint non-voting liaison members from the POA Board to each JAC. Said liaison members shall provide current information concerning POA matters to the committee and be available for advice on matters of Board concern. They shall report to the Board concerning the work of the JAC.

IV. COMMITTEE OPERATIONS

1. Each committee will meet on a regular schedule on a monthly basis. Exceptions can be made if agreed by an individual committee by a majority vote. The Board Chairman, committee Chairman and/or the General Manager may call a special meeting as needed.

2. The Chairman, Vice-Chairman and Secretary of each committee shall be chosen by the committee at their first meeting in January.

3. In order for the Committee to conduct business, a quorum must be physically present (excluding proxies) at the meeting. A quorum is defined as a majority of appointed Committee members, excluding liaison members. Committee members may, at their option, choose to provide a written, general or specific, proxy to another committee member to exercise his/her vote(s) in their absence.

4. Each committee will provide the JAC members and the Corporate Secretary with minutes of each meeting in electronic format as soon as possible after the meeting. The minutes shall be posted on the POA website as soon as possible by the Corporate Secretary.

5. Each committee is to maintain a binder with minutes, studies, articles of important ideas, and suggestions that will be transferred from Chairman to Chairman each year.

6. In accord with BP 1.01, all JAC meetings shall be open to all POA members.

7. The use of management manpower or other resources by a JAC may occur only with the prior approval of the General Manager and Board Chairman.

8. Each JAC shall provide an opportunity at each regular meeting for POA members to express their concerns or advance suggestions regarding the amenity.

V. ORIENTATION

1. The Chairman of the POA Board and the General Manager shall hold a meeting with the JAC chairmen as soon as possible after all are appointed for the upcoming year. The major purpose shall be to review desired and potential committee activities for the year.

2. Each new committee member will be encouraged to attend an orientation for new members jointly presented by the Chairman of the Board and the General Manager. This presentation will include a general overall orientation of the budget process, the purpose of the JAC’s, and their members as a whole, etc. At their first meeting each individual JAC will have a discussion in more detail of what is currently happening in that committee (to get them up to speed), advise what has happened in the past (to eliminate going over the same issues every year), and what the expectations of the committee are for the coming year and their role.

VI. REMOVAL OF COMMITTEE MEMBERS

1. Cause for removal shall include but not be limited to the following actions of a committee member:
a. Unexcused absence from four (4) regular scheduled meetings within the appointive year.
b. Failure to go through organizational channels.
c. Conduct detrimental to the Committee and/or the POA.

2. Initiating action for removal of a committee member shall come from a majority vote of the committee, the General Manager, or the Board Chairman.
a. Committee Chairman, General Manager or Board Chairman shall prepare, in writing, a
statement clearly identifying the offending action(s). A copy of the statement shall be provided to the Committee member in question.
b. Written rebuttal of such statement(s) may be offered to the General Manager and/or the Board Chairman by the member in question and/or other members of the committee.
c. In closed session, the General Manager, the POA Board as a whole, and the Committee Chairman if appropriate, shall consider the statement for cause. The member in question may be present at his/her discretion.

3. The Board may remove for cause any committee member by a two-thirds vote.

VII. COMMITTEE RESPONSIBILITIES

1. Golf Committee
The committee provides advice and recommendations regarding all facets of the golfing operations and facilities to the Board and/or the Administration. Each member is assigned a golf course for maintenance review on a monthly basis. Twice yearly the committee meets with the U.S.G.A. representative for a review of POA golf courses. The committee forwards any policy recommendations to the POA Board for consideration after interface with the General Manager and Director of Golf.

2. Lakes Committee
The committee advises the Administration and/or the Board on matters pertaining to the recreational use of the lakes in Bella Vista. Responsibilities include observing and making recommendations concerning present and future use of the lakes. The committee also will review all aspects concerning the lakes up to the beaches, and any associated amenities such as ramps, docks, marinas, cleaning stations and seawalls.

3. Recreation Committee
The committee assists in developing, updating and making recommendations to the Board and Administration on all facets of the operation of recreational activities and amenities operated by the POA. This pertains to all recreation activities other than Golf and Lakes, but does include beaches and parks adjacent to the lakes. The committee observes maintenance conditions of facilities and evaluates the current facilities’ needs. They also help plan for the future needs of the property owners in view of the changing demographics of the POA. Recommending activities to create an interest and participation in all phases of recreation is another area of this committee’s responsibilities.

1.07 BOARD MEETINGS Top

It is the purpose of this policy to provide for the planning, conduct, and reporting the proceedings of the regular meetings of the Property Owner’s Association Board of Directors.

I. BOARD MEETINGS

Board meetings are called in accord with the provisions of the Bylaws, Article VI, and POA policy 1.01. The Board will normally hold its regular meeting on the third Thursday of each month.

II. AGENDA

1. The agenda shall be formulated by a committee of three persons – the Board chairman, the vice Chairman, and the General Manager. The Board chairman will preside.

2. The agenda for a regular meeting will be formulated on a schedule that permits timely distribution of the agenda and supporting materials to the Board, and publicity to POA members. A draft agenda will be transmitted to Board members by e-mail at least one week prior to the regular Board meeting. The final agenda and a packet of supporting materials (required for each new agenda item requiring action, only new information for old business items) will be in the hands of Board members at least 48 hours in advance of the meeting. The agenda will be placed on the POA web site at the time the draft is distributed to Board members.

3. Any member of the Board may submit to the Chairman a matter to be considered for inclusion on the Board agenda. The committee shall have the authority to refer any submitted item to another committee for study, review, and recommendation, but any such item shall be considered for inclusion on the agenda for the following monthly meeting.

4. Any matter to be considered by the Board at its meeting must be on the agenda. Items may be added to the agenda at the beginning of the meeting if there is no objection. If there is objection the item will be included only upon the request of three members.

III. MINUTES

1. POA staff shall provide a first draft of the minutes to the Board chairman within four working days of the meeting. The chairman shall direct revision of the draft as necessary. After revisions are incorporated, and no later than two weeks after the Board meeting, the POA staff shall distribute the minutes to all Board members.

2. The minutes shall be placed on the POA website at the same time as they are distributed to Board members.

3. A printed copy of the minutes shall be presented at the next Board meeting for approval by the Board. Changes to the minutes may be made by consensus, or by a vote of the Board if called for. The resulting minutes will be the official record of the meeting.

4. The minutes shall include the voting records of Board members.

IV. CONDUCT OF THE MEETING

1. Board meetings shall be conducted in accord with the Simplified version of Roberts Rules of Order (Bylaws, Article XIV).

2. Board members are encouraged to provide written copies of motions they intend to make.

V. OPEN FORUM

Time will be provided on the agenda early in each regularly scheduled Board meeting for the conduct of an Open Forum during which members of the Association may address the Board under the following conditions:

1. Each member normally may speak for a maximum of three minutes

2. Repetitive statements shall be discouraged to save time. A show of hands may be called for as an indication of support by others present.

3. No personal attacks will be permitted.

4. Questions are encouraged and should be answered by the Board or General Manager where possible. Failing an immediate answer a commitment should be made to provide an answer on follow-up. The answer also shall be reported at the next Board meeting.

5. Statements by members containing errors of fact should be corrected in a non-confrontational manner.

6. Statements of opinion should not be challenged by the Board, thereby avoiding open debate.

7. Members should be thanked for their interest and contribution.

8. The issues and concerns raised by members shall be noted in the minutes of the meeting.

1.08 GUIDELINES FOR SPECIAL MEETING OF MEMBERS Top

PURPOSE: To establish an organizational structure and guidelines for special meetings of members called pursuant to Article XI, Section 2(B) of the Bella Vista Village POA Bylaws.

I. PROCEDURE
A. Petitioners must obtain a standard petition form from the Corporate Secretary. All petition forms must state the purpose(s) of the desired special meeting, be signed by member(s) in good standing, and be returned within ninety (90) days in order to be verified and validated.
B. Each member in good standing is entitled to one petition signature per lot owned.
C. All signatures for a particular petition drive or initiative must be turned in to the Corporate Secretary within a fifteen day period of each other but no later than ninety days after the initial retrieval of the petition form.
D. The five percent threshold shall be determined on the date the first signed petitions are received by the Corporate Secretary and is calculated based on the number of the association’s lots in good standing.
E. All signatures must be verified by the Corporate Secretary to determine if the person signing is a Bella Vista Village POA member, is in good standing, is the owner of the indicated Subdivision/Block/Lot, and to eliminate duplicates or untimely signatures. The Corporate Secretary will determine if the number of verified signatures meets the five percent threshold requirement.
F. The Corporate Secretary will report the results of the verification process at the scheduled regular board meeting following the completion of the verification process.

II. MEETING
A. If the five percent threshold is met, the Board Chairman shall set the time, date, and location of the special meeting to be held within 45 days.
B. The Board Chairman shall cause Notice of the Special Meeting to be mailed to all members in good standing pursuant to Article XI, Section 3(A) of the Bylaws.
C. If the Board of Directors deems a membership vote is necessary, then the Board Chairman shall cause ballots to be mailed to all members in good standing pursuant to Article XI, Section 3(B) of the Bylaws.
D. The Board Chairman shall preside over the Special Meeting of Members pursuant to Article IV, Section 3(A) in the Bylaws.

III. AGENDA
The Board Chairman shall set the agenda for the special meeting of members. The agenda is restricted to the purpose(s) listed on the verified petition(s).

IV. TIME LIMITS
The special meeting of members shall be limited to a total of two hours. One half hour shall be given to the designated petitioner representative(s). One half hour shall be designated for the Board of Directors, if needed. One hour shall be designated for an open forum, which shall be limited to three minutes per person.

1.10 BOARD OF DIRECTOR’S ETHICS Top

PURPOSE: This Code of Ethics is to establish the basis for conduct expected of POA members who have been selected to serve on the Association’s Board of Directors, and thereby to act in behalf of all the members of the Association.

I. INTRODUCTION

The member’s of the Bella Vista Property Owner’s Association expect their elected Board of Directors, individually and as a group, to exhibit a high standard of ethical conduct and personal integrity in the performance of the Association’s business. Such conduct is essential to warrant members of the Association placing a high level of trust and confidence in the individual Board members and the Board as a group.

II. ETHICAL CONDUCT

a. Members of the Board of Directors serve in order to advance the best interests of the Association and all of its members. This includes making decisions that protect and enhance the property values of the members and promote the general welfare of the Village and its members. Board members must have an undivided allegiance to the mission of the Association.

b. In fulfilling this role it is essential, and expected, that Directors shall, both individually and corporately, exhibit the highest standards of ethical conduct. This includes loyalty to high moral standards and the interests of the Association ahead of private or personal interests or gain.

c. Board members are expected to be objective in evaluating personnel, programs, and policies of the Association.

d. Board members are expected to show due diligence in meeting their fiduciary responsibilities and protecting the assets of the Association.

e. Board members shall show respect for the views of others, both Board members, Association staff, and Association members. They should deal fairly and equally with members of the Association.

f. Board members shall ensure that they, both individually and corporately, act such as to follow the letter, spirit, and intent of all laws to which they and the Association are subject.

g. In dealing with external organizations and agencies, Board members shall act to protect the interests of the Association and its members.

h. Board members shall always act such as to bring credit to the Board and the Association and avoid behavior, or even the appearance of behavior, which brings discredit to their service on the Board or to the Board as a whole.

i. Board members should avoid any conflict of interest. If any exists it shall be declared openly to the Board in advance of any relevant decision-making.

j. Board members shall adhere to the requirements of confidentiality.

k. Board members shall be aware that they have no power or authority as individual members, but only when acting and speaking as part of the entire Board.

l. Board members shall act and speak in a manner which clearly indicates they have no special privileges or authorities due to service on the Board, but instead have assumed special responsibilities in serving on the Board.

III. STANDARDS OF CONDUCT

By following the ethical standards described above, members of the Board will exhibit standards of conduct that include those enumerated in detail in the Board Member’s Manual, the maintenance of which is the responsibility of the Board Chairman.

IV. IMPLEMENTATION

a. It is the policy of the Bella Vista Property Owner’s Association that members of its Board of Directors shall abide by this policy covering ethical behavior in service as a Board member.

b. Charges that any member(s) of the Board violated this policy must be presented in writing to the chairman of the Board. If the chairman is included in the charge the presentation shall be to the Vice Chairman of the Board.

c. The Board shall consider such charges in an Executive Meeting called for that purpose. The Board may take any action it deems appropriate, up to and including removal from office as provided in the Bylaws, Article III, Section 5.

d. The Board of Directors shall be the sole judge of whether this policy has been violated by any Board member.

e. The disposition of the charges shall be announced by the Board at an open meeting.

 1.11 CONFLICT OF INTEREST POLICY Top 

PURPOSE:
The purpose of this conflict-of-interest policy is to prevent the institutional or personal interests of Bella Vista Village Property Owners Association (BVVPOA) board members, officers, and staff from interfering with the performance of their duties to Bella Vista Village POA, and to ensure that there is no personal, professional, financial, or political gain at the expense of BVVPOA. This policy is not designed to eliminate relationships and activities that may create a duality of interest, but to require the disclosure of any conflicts of interest and the recusal of any interested party in a decision relating thereto.

DEFINITION:
A conflict of interest may exist when the interests or potential interests of any director, officer, or staff member, or that person’s close relative, or any individual, group, or organization to which the person associated with BVVPOA has allegiance, may be seen as competing with the interests of BVVPOA, or may impair such person’s independence or loyalty to BVVPOA. A conflict of interest is defined as an interest that might affect, or might reasonably appear to affect, the judgment or conduct of any director, officer, or staff member in a manner that is adverse to the interests of BVVPOA. (See attached examples)

USE OF INFORMATION:
Directors, officers, and staff shall not use information received from participation in BVVPOA affairs, whether expressly denominated as confidential or not, for personal gain or to the detriment of BVVPOA.

DISCLOSURE AND RECUSAL:
Whenever any director or officer has a conflict of interest or a perceived conflict of interest with BVVPOA, he or she shall notify the board chair of such conflict.

Whenever any staff member (paid or volunteer) has a conflict of interest or a perceived conflict of interest with BVVPOA, he or she shall notify the president/general manager of such conflict.

When any conflict of interest is relevant to a matter that comes under consideration or requires action by the board, or a board committee, the interested person shall call it to the attention of the board chair and shall not be involved during board or committee discussion or decision on the matter. However, that person shall provide the board or applicable committee with any and all relevant information on the particular matter.

Failure by a Board member to disclose a conflict of interest is subject to the disciplinary procedures outlined in Bylaws Article III, Section 5. Failure by a staff member to disclose a conflict of interest is subject to the disciplinary procedures outlined in the Ethics and Conduct chapter of the POA Employee Handbook (Conflict of Interest section).

The minutes of the meeting of the board or its committee shall reflect that the conflict of interest was disclosed, that the interested person was not involved during discussion or decision on the matter, and did not vote.

DISSEMINATION:
A copy of this conflict-of-interest policy shall be furnished to each director, officer, and staff member who is presently serving this organization or who may become associated with it. A copy will also be kept on the BVVPOA website with the other board policies.

CERTIFICATION:
As administered by the Board Chair, each director will be asked to complete a certification of agreement with the policy and disclosure of any known conflicts of interest upon his or her election or re-election to the board and annually thereafter. As administered by the employee in charge of human resources, each senior staff member will be asked to complete such a certification upon his or her employment and on an annual basis thereafter. All certifications shall be reviewed by the board as appropriate.

CONFLICT OF INTEREST POLICY
Examples
A conflict of interest may exist if a director, officer, staff member, or close relative
• Has a business or financial interest in any third party dealing with BVVPOA. This does not include ownership interest of less than 5 percent of outstanding securities of public corporations.
• Holds office, serves on a board, participates in management, or is employed by any third party dealing with BVVPOA, other than direct funders to BVVPOA.
• Derives remuneration or other financial gain from a transaction involving BVVPOA (other than salary reported on a W-2 or W-9 or salary and benefits expressly authorized by the board).
• Receives gifts from any third party on the basis of his or her position with BVVPOA (other than occasional gifts valued at no more than $50, or if valued at more than $50, the gift is made available in a team space or common area for others to share — e.g., fruit baskets, boxes of candy). All other gifts should be returned to the donor with the explanation that BVVPOA policy does not permit the acceptance of gifts. No personal gift of money should ever be accepted.
• Engages in any outside employment or other activity that will materially encroach on such person’s obligations to BVVPOA; compete with BVVPOA’s activities; involve any use of BVVPOA’s equipment, supplies, or facilities; or imply BVVPOA’s sponsorship or support of the outside employment or activity.

CONFLICT-OF-INTEREST DISCLOSURE STATEMENT FOR THE PERIOD_______________________

I have read and understand the Bella Vista Village Property Owners Association’s (BVVPOA) policy on conflict of interest. As part of Bella Vista Village POA, I understand that this policy on conflict of interest applies to me.

I understand that I am expected to conduct business in accordance with the letter, spirit, and intent of all relevant conflict-of-interest laws and the conflict-of-interest policy and to refrain from any illegal, dishonest, or unethical conduct. I understand that if a situation arises where it is difficult to determine the proper course of action, the matter should be discussed openly with the board and/or with the chair or general manager for advice and consultation. Furthermore, I understand that this document can be amended at any time.

In compliance with BVVPOA’s conflict-of-interest policy, the positions that I or an immediate family member hold within the community are as follows:

Business and professional activities in which I or an immediate family member hold as an owner, officer, board member, partner, employee, or other beneficiary position as of ___________:

Name of Business/Organization                                          Position Held/By Whom

___________________________                                         __________________________

___________________________                                         __________________________

___________________________                                         __________________________

Other not-for-profit organizations with which I or a family member is associated and which might reasonably expect to apply for a donation from BVVPOA:

Name of Organization                                                        Position Held/By Whom

___________________________                                        ___________________________

___________________________                                        ___________________________

___________________________                                        ___________________________

Other activities that may produce a possible conflict of interest:

________________________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

In addition, I recognize the need to maintain confidentiality regarding information I might receive as a board member, officer, or staff member of BVVPOA. I will promptly inform the board chair or general manager of BVVPOA of any material change that develops in the information contained in the foregoing statement.

________________________ ________________________ ____________
Type/Print Name                   Signature                              Date
 

2.01 REGULATION OF COMMON PROPERTY - LAKES  Top

2.02 FACILITY RESERVATIONS AND FEE POLICY Top

I. PURPOSE

To provide for the manner in which POA facilities are rented by members and their sponsored guests.

II. FACILITIES AVAILABLE FOR RENT

The following facilities are available for rent:
Lake Ann, Lake Avalon, Kingsdale, Metfield, Tanyard, Tiree, and London Landing Pavilions
Blowing Springs Park, Branchwood Swimming Pool, Kingsdale Swimming Pool, Riordan Hall

III. FACILITY RESERVATIONS
 
A. Only a POA member or an official POA committee (refer to the Bylaws, Article VIII) may sponsor a function at a facility.
B. Reservations require the sponsor to enter a facility rental agreement.
C. Fees will be paid pursuant to the facility rental agreement.

IV. FEES FOR ORGANIZATION USE OF FACILITIES

It shall be the policy of the Property Owners Association (POA) that when organizations other than POA members use POA facilities, the event be sponsored by a member or a recognized committee of the POA and that a facility use fee be charged for the activity. Such fees will be established by Management subject to Board approval, be made generally known, and fairly applied. The Board delegates the authority to waive fees (see Bylaws, Article IV, Section 2C) for organization use of the POA facilities to the General Manager should he deem the intended use of the facility to be beneficial to the POA membership.

V. FACILITY RESERVATIONS AND PRIORITY

It shall be the policy of the POA to safeguard the rights of members by granting them, in general, priority over non-members in the use of facilities. The POA cannot guarantee that a member will, in every instance, be granted use before a non-member, and it is not the desire or policy of the POA Board of Directors (the Board) to do so. Instead, it is the intent of the Board to provide a coherent system of priorities based first on membership, second on availability in terms of time order of request for appropriate use and, finally, on economics. Regularly scheduled groups may be pre-empted by paying groups.

2.03 GOLF CART REGISTRATION Top

I. PURPOSE

To permit and control the use of privately owned golf carts on Bella Vista golf courses.

II. GOLF CART REGISTRATION

Registration with the Membership Services Office is required for all privately owned golf carts used on Bella Vista courses.

III. PAYMENT OF FEES

Golf cart registration fees are due annually. Such fees are non-refundable and non-transferable. If a property owner has registered a golf cart previously, the entire yearly fee must be paid regardless of date of registration. The fee is pro-rated on a quarterly basis only for first time registration.

IV. PER ROUND FEE IN LIEU OF REGISTRATION

Members with privately owned golf carts that do not wish to pay an annual registration fee may opt to pay a per round fee instead.

V. MANNER OF REGISTRATION OR RENEWAL

Registration or renewal may be done in person at the Membership Services Office, by mail, or electronically.

VI. REQUIREMENTS FOR REGISTRATION

In order to obtain golf cart registration, a property owner must:
a) Be a Member in Good Standing;
b) Hold a Current Photo I.D. Card.

2.04 BOAT REGISTRATION AND MOORING LEASE AGREEMENT Top

I. PURPOSE

To describe the requirements to operate a privately owned or leased boat on Bella Vista lakes or adjacent shorelines and/or store same in a POA owned slip.

II. BOAT REGISTRATION

Registration with the Membership Services Office is required for all boats located, moored, stored, or operated on or above POA lakes or adjacent shorelines. Boats required to be registered are listed on the current POA Schedule of Fees.

A. Payment of Fees

All registrations end on December 31 of the year for which the registrations were purchased. Registration after March 31 is subject to a penalty as listed in the current fee schedule. First time boat registration is prorated quarterly with no penalty. Registration fees are not refundable and not transferable between boat owners (seller to buyer).

B. Late Penalty Fee

Any boat located, moored, stored, or operated on or above POA lakes or adjacent shorelines that does not have a current year registration sticker after March 31st each year will be assessed a Late Penalty Fee for boat registration. Lake Rangers and other authorized POA personnel will provide the Membership Services Department with a list of violators. The Late Penalty Fee is to be collected by the Membership Services Department at the time of boat registration.

C. Requirements for Registration

1. In order to obtain annual or temporary boat registration, a property owner must:
a) Present a Current State Registration Certificate;
b) Be a Member in Good Standing;
c) Present a Current Photo I.D Card;
d) Show proof of ownership or provide a signed and notarized Boat Lease Agreement.
e) Sign an agreement to abide by the POA’s rules and regulations as well as state and federal law when registering any boat.

2. In order for a guest to obtain temporary boat permits, the following conditions must be met:
a) Present a Current State Registration Certificate;
b) Present a Current guest card;
c) The member sponsoring the guest must be a Member in Good Standing.
d) Sign an agreement to abide by the POA’s rules and regulations as well as state and federal law.

D. Manner of Registration or Renewal

Registration or renewal may be done in person or by mail.

III. MOORING AND LEASE AGREEMENT

A. Term

All mooring and lease agreements are for an annual period (January 1 through December 31). The lease is not assignable nor shall the space be sublet.

B. Fees

All lease fees as provided by the POA schedule of fees for marina slips, shoreline mooring, and rack storage are due no later than March 31st of each year. If lease fees are not received by March 31, the lease is terminated in accordance with the lease agreement.

C. Penalties

Lease fees not received by the due date will be assessed penalties.

A copy of this policy and a copy of the “Bella Vista Fishing Boating and Water Sports” regulations will be given with each boat registration and/or mooring lease agreement.

3.01 PENALIZING A MEMBER   Top

I. PURPOSE

To describe the procedure to be used by the Board on those occasions when a POA member appeals to the Board a suspension of Member Privileges in accord with policy 3.01.

II. PROCESS

1. The Board will set a hearing date and time during an executive session at which a quorum of Board members must be present.
2. The General Manager shall notify the appellant (person that is appealing the decision) of the date, time, and location of the hearing.
3. The appellant shall provide a basis for his/her appeal/objection in writing to the Board at least 10 days before the hearing date. If written documentation is not received, as required, the appeal is deemed dismissed and a final affirmative decision is handed down in favor of the POA.
4. The General Manager shall provide written documentation to the Board in support of his decision at least 5 days prior to the hearing date.
5. Each party will be provided a copy of all documentation provided by the opposing party upon receipt by the Board.
6. Neither party is allowed to contact the opposing party’s potential witnesses at any time, in any matter, or for any reason.
7. If the appellant cannot attend the scheduled hearing, then the hearing will be conducted based upon the written correspondence on the date scheduled.
8. The Corporate Secretary shall record the proceeding and issue minutes to the board after transcription.

III. CONDUCT OF HEARING

1. The hearing and decision-making shall be conducted in executive session. The chairman of the Board shall preside and may vote regarding the decision. A quorum must be present.
2. At the hearing, each side will be given 30 minutes (including rebuttal time) to present its case.
3. Each side can present up to three speakers.
4. The appellant presents first, followed by the Administration.
5. No cross examination of witnesses is allowed by the other party, and the regular courtroom rules of evidence and procedure do not apply to this proceeding.
6. At the end of the presentations, the appellant may use whatever time is remaining, of their 30 minutes, to rebut the POA.
7. Following that, the POA may use whatever time is remaining, of their 30 minutes, to rebut the appellant.
8. Following the presentations and rebuttals, the Board is free to ask questions of both parties.
9. Both parties shall limit their replies to just answering the questions.

IV. DECISION

1. After the question and answer period, both parties shall be informed that a written decision will be issued, normally within 10 calendar days.
2. Both parties will be excused and the Board will discuss the appeal during a continuation of the executive session.
3. A majority vote of those Board members present for the appeal is required to accept or deny an appeal.
4. The recording secretary will record the decision of the Board, the reasons for the decision, any corrective actions that need to be taken, etc.
5. The Board decision is final and binding on all concerned. It shall be communicated to the appellant and administration in writing by the Board chairman.

V. OTHER

The appealing party may, in writing, waive the right to an in-person hearing as described above. In that event, the Board will consider the appeal based only on the written documentation, and will render its decision as outlined above.

3.02 IDENTIFICATION CARDS Top

I. PURPOSE

To describe how various forms of member identification may be obtained and the benefits of each.

II. PAPER MEMBERSHIP CARD

A. How Issued

Members receive a paper membership card annually. Provided the member’s account is in good standing, paper membership cards may also be issued at the Membership Services Office during business hours.

B. Benefits

A paper membership card guarantees the use of the amenities at the guest rate.

C. Multiple Lot Owners

An agreement may be reached with multiple lots owners to receive less than a membership card for each lot.

III. PHOTO I.D. CARD

A. How Issued

Members may purchase a Photo I.D. card at the Membership Services Office during regular business hours. The member must provide proof of ownership at the time of purchase. Members with active Photo I.D. cards may renew by mail or internet provided they are in good standing.

B. Benefits

A Photo I.D. card guarantees the use of the amenities at the membership rate.

IV. TEMPORARY PERMIT

A. How Issued
 
Temporary permits may be obtained, for the appropriate charge, after regular business hours on weekdays and some weekend hours at Riordan Hall, the Country Club Pro Shop, Metfield, Branchwood, Scotsdale Pro Shop, Kingsdale Pro Shop, Tanyard Creek Pro Shop, and Highlands Pro Shop.

B. Duration

Temporary permits obtained during evening and weekend hours are valid for three business days but must be exchanged for a Photo I.D. Card at the Membership Services Office, or by mail, in accordance with instructions issued with the Permit. A late fee (see current fee schedule) will be charged for Temporary Permits not exchanged in person or mailed for exchange within the three business days.

C. Benefits

A temporary permit, like a Photo I.D. card, guarantees the member use of the amenities at membership rates.

V. 30 DAY IDENTIFICATION CARDS

A. How Issued

Members may obtain a 30 Day Identification Card at the Membership Services Office during regular office hours. After regular business hours on weekdays and some weekend hours, the Card may be purchased at Riordan Hall, The Country Club Pro Shop, Metfield, Branchwood, Scotsdale Pro Shop, Kingdale Pro Shop, Tanyard Creek Driving Range/Pro Shop, and Highlands Pro Shop.

B. Benefits

A 30 Day Identification Card guarantees the use of the amenities at the membership rate so long as such amenities are not based on annual registration. Examples of amenities with annual registration requirements include, but are not limited to, the following: Boats; Marina Slip, Mooring Slot, or Rack Leases; RV storage; Golf Cart Trail Fees or Leases; Branchwood or Riordan Passes; or Outdoor Swimming Season Passes.

Monthly or 30-day registrations must end no later than the expiration of the 30-Day Identification Card. Examples of amenities with monthly registrations include, but are not limited to, the following: temporary boat permit; marina boat slip rental; RV pad rental; 30-Day Branchwood and Riordan Passes; and 30-Day Outdoor Swimming Passes.

VI. RECIPROCAL IDENTIFICATION

A member from a sister Cooper Community Development may enjoy the use of POA amenities at a reduced rate provided he/she can provide either a paper membership card along with an additional form of photo identification or a photo membership card to staff at Membership Services, one of the pro shops, or the marina.

3.03 GUEST POLICIES Top

PURPOSE: To define through a Board Policy the conditions under which those persons other than members of the Property Owner’s Association may be allowed access to fee-based POA amenities.

I. Guests

1. A guest is a person who is not a member or associate member of the POA and who desires to have access to the fee-based POA amenities on a temporary basis.

2. There shall be only four categories of guests permitted to have access to the fee-based amenities:

a. Those who are “Regular guests” of an individual member or associate member of the POA.

b. Those who qualify as “Reciprocal guests” by virtue of being a member of one of the other Cooper Communities, Inc. (CCI) developments covered by an agreement between the POA and CCI.

c. Those who are “Participant guests” by virtue of being invited/permitted to participate in a specific POA-sponsored or POA-sanctioned event at a specific facility. Such events must have the formal approval of the POA, normally through a contract signed by management. Examples are golf tournaments, fishing tournaments, tennis tournaments, gun tournaments, etc. which often include participants who are not POA members.

d. Those who are “Renter Guests” by virtue of a written request from the property owner, and which verifies that the property will be occupied by the renter for 90 days or more, which request can be withdrawn by the property owner at any time. Such Renter Guests (and their resident family members) may have access to POA amenities upon presentation of a “Renter Guest” photo-ID card, valid until the termination date of the rental agreement or lease, obtainable from Member services. Renter guests will not have access to annual fee programs but will pay “Sponsored Guest” fees.

3.06 MEMBERSHIP CARDS Top

3.08 PARKING OF VEHICLES Top

I. PURPOSE

To provide for the aesthetic appeal of Bella Vista Village by describing the regulations that shall apply to the parking or storage of vehicles and property on POA Property.

Parking on non-POA properties, including residential properties and streets, is regulated by an ordinance of the City of Bella Vista.

II. PARKING

1. There shall be no overnight parking on POA property other than as provided in section 2 below.

2. In order to provide parking for guests of property owners, where sufficient area is not available at their home, the following regulations shall apply:

a. Overnight parking for unoccupied cars, pickups, RVs, and SUVs may be allowed at POA owned parking facilities only with available space and a permit.

b. Free parking permits, for guests may be obtained through the Membership Services Office. This permit will have an expiration date, not to exceed seven days from date of issue, and must be visible at all times. These permits are for unoccupied vehicles only. Failure to comply with these regulations for an overnight parking permit will be strictly enforced by towing of vehicle at owner’s expense.

c. A limited number of parking permits per year will be issued to POA members. The Parking Permit program will be reviewed periodically to make any necessary adjustments.

3. The parking of semi tractors and trailers on POA property is normally prohibited. A permit may be issued by the sponsoring Division for such parking at POA-sanctioned events/activities for a limited period.

3.09 SUSPENSION OF WATER SERVICE FOR NON-PAYMENT OF ASSESSMENTS Top

I. PURPOSE

To provide for the collection of assessments from chronically delinquent accounts by suspending water service for nonpayment of Bella Vista Village Property Owner Association (BVVPOA) assessments.

II. IN GENERAL

It shall be the policy of the Bella Vista Village Property Owners Association that prior to suspension of water service of any member for non-payment of assessments, the member will be notified, the Board will allow the member the right of appeal to the Board and the member shall be notified in writing of such right of appeal. (Article VIII, Section 3(E) of the Declaration & Protective Covenants, Article IV, Section 2(E) of the Bylaws)

Circumstances that can lead to the suspension of water service are, but are not limited to:

The member’s assessment account is past due in an amount in excess of $200.00 on any one lot owned by the member and the member is not in a payment arrangement for the payment of the past due assessments.
The member has failed to honor a previous payment arrangement for the payment of past due assessments.

III. GUIDELINES FOR SUSPENSION OF WATER SERVICE

1. The member shall be informed in writing of the delinquent assessment account and be given thirty (30) days to pay the past due amount or make a payment arrangement for the past due amount.

2. If member fails to pay the delinquent assessments in full or set up a payment arrangement for the past due amount, then the member shall be informed in writing that their water service will be suspended as of a specific date, and the member will be informed of their right to appeal the decision to the Board.

3. The member shall have five (5) days after receiving notice to respond in writing or to request an appeal before the Board. If the delinquent assessment account is not brought current, no payment arrangement is made, and no appeal is made; the decision to suspend water service shall be final.

4. If the member requests an appeal before the Board, the Board shall set a hearing during executive session of the next regular Board Meeting. During executive session, the Board shall, unless the Board requests additional information regarding the incident, make its ruling as to the suspension of water service to the member, and inform the member in writing of said ruling.

5. The General Manager shall maintain a file of all such letters of final decision.

6. Payment arrangements will consist of monthly payments to be made by the last day of each calendar month according to the terms of the agreed upon payment arrangement. Should the terms of a payment arrangement not be met water service will be suspended without further notice.

7. If water service is suspended, member will be responsible for the standard disconnect/reconnect fees that apply.

4.01 CROSS-CONNECTION CONTROL POLICY Top

I. PURPOSE

To implement a policy to comply with State of Arkansas requirements to promote cross connection control which will provide for the protection of the public potable water supply, to isolate at the service connection any actual or potential pollution or contamination within the consumer’s premises and to provide a continuous, systematic and effective program of cross-connection control.

II. AUTHORITY

In compliance with the State of Arkansas Rules and Regulations Pertaining to Public Water Systems, Section VII.E, the Bella Vista Water Department finds it necessary for the health, safety and welfare of the people served by the Bella Vista Village Property Owners Association to adopt cross-connection control standards which establish the requirements for the design, construction and maintenance of connection to the public water supply. These standards are supplemental to and do not supersede or modify the Arkansas State Plumbing Code (ASPC) and its latest revisions under which the Bella Vista Water Department operates. This policy pertains to commercial and industrial establishments as well as certain residential units (such as those involved in commercial operations, or having sprinkler systems, or having in-ground swimming pools, etc.).

III. CRITERIA

The Bella Vista Water Department’s Cross-Connection Control Program: Standard Operating Procedure (SOP) is hereby incorporated into this policy by reference. It is the primary responsibility of the water purveyor and/or Bella Vista Water Department to evaluate the hazards inherent in supplying a consumer’s water system. When a hazard or potential hazard to the public water system is found on the consumer’s premise, the consumer shall be required to install an approved backflow prevention assembly (BFP), or an air gap, at each public water service connection to the premise in accordance with the Bella Vista Water Department requirements. The type of BFP shall depend on the degree of hazard involved, which shall be described in the SOP.

IV. NON-COMPLIANCE – SERVICE TO BE DISCONTINUED

Bella Vista Water Department shall provide the consumer written notice of any violation of this policy. If the violation(s) are not corrected as required in the notice, the water supply will be refused or discontinued. In emergency situations when the public potable water supply is being contaminated or is in immediate danger of contamination the water service shall be discontinued by the water purveyor without written notice.

V. CONSENT TO ENTER

In the course of meeting its responsibilities and obligations under the regulations of the State Health Department and under this policy, the Bella Vista Water Department shall have the right to inspect the water connections of any water consumer. Each consumer, as a condition of the continued delivery to his/her premises of water from the Bella Vista Water Department, shall be considered as having stated his/her consent to the entry upon his/her premise by the water purveyor and/or superintendent, the State Health Department, and/or the plumbing inspector for the purposes stated herein.

4.02 EXTERIOR MAINTENANCE POLICY Top

I. PURPOSE
To describe the process by which exterior maintenance is performed and charged when the property owner fails to do so.

II. AUTHORITY
Article XIII of the Declaration and Protective Covenants authorizes the POA or the Developer, in its discretion, to provide exterior maintenance for any buildings or grounds not properly kept by the owner of the lot or living unit. The cost of clean up may be assessed against the lot or living unit and be charged as part of the annual assessment. The cost can be collected by foreclosure of the continuing lien against the property.

The goal of the ACC is to identify problem properties without proper exterior maintenance and to have the property cleaned. This goal shall be achieved by following a procedure of identifying problem properties, making contact with the property owner to notify them of the violation of the Declaration and Protective Covenants, to require the owner to clean up the property at his own cost, and failing that effort, cleaning the property by the Developer, and adding the cost of cleaning to the annual assessment by the POA. The POA delegates to the ACC the authority to enforce this policy.

III. DEFINITIONS
For the purposes of this policy, the following words and phrases shall have the meaning indicated:

1. "Building and grounds" shall mean any improvements or grounds on any Lot or Living Unit and shall include Common Property areas adjoining lots such as lake front areas between a lot and the water's edge, seawalls, boat docks, slips and boat houses or such other parcels of Common Property which have been permitted to be used by the owner of an adjoining Lot or Living Unit.

2. "Exterior maintenance" includes paint, repair, replace, and care for roof, gutters, downspouts, exterior building surfaces, trees, shrubs, grass, walks, and other exterior improvements for building and grounds. In instances where normal exterior maintenance of buildings or improvements is not economically feasible, exterior maintenance may include demolition of the building or improvement.

3. "Lot or Living Unit" shall be defined as set forth in the Declaration and shall include buildings and grounds and appurtenances thereto for the purposes of this policy.

IV. PROCEDURE
The procedure shall be as follows:

A. The ACC shall identify lots not maintained properly. Identification of problem lots shall be by complaints to the ACC office or discovered during routine ACC inspections.

B. The ACC staff shall investigate and shall determine if there is a violation and the extent of the violation.

C. If a violation is found, the ACC shall identify the owner of the lot and shall notify the owner of the alleged violation in writing, and inform that the violation must be corrected within a period of time to be determined by the ACC.

D. If the violation is not cured within the time period allowed by the ACC notice, the ACC shall refer the matter to POA for suspension of membership privileges and the Developer for clean-up.

E. The General Manager shall, upon notice by the ACC, suspend membership privileges. The Developer or the ACC may make arrangements for an independent contractor to perform the work necessary to provide for the proper exterior maintenance of the property.

F. The Developer or ACC shall give notice to the owner that the authority under Article XIII has been exercised and that the owner is obligated to pay the cost of the exterior maintenance. The Developer or ACC shall notify the POA of the cost of maintenance and the cost of maintenance shall be included in the owner’s annual assessment, and shall serve as a continuing lien on the property pursuant to Article XIII.

G. Upon collection by the POA, the cost of the maintenance shall be paid to the Developer.
 

6.02 OFFICIAL POA PUBLICATION AND RELEASE OF INFORMATION Top

7.03 THE BUDGET Top

7.04 MANAGEMENT INVESTMENT POLICY Top

7.05 ASSESSMENTS. FEES AND OTHER REVENUES Top

1. Assessments will be collected and used in accord with the Declarations.

2. Sales revenues and fees should be established annually to support the operating expenses for amenity uses. The costs of water services will be covered by water service rates and fees.

3. Fees should express fairness to all property owners and should be addressed with simplicity and stability with lowest possible cost. It is the responsibility of management to propose an annual fee schedule prior to budget workshops. Fees may not be waived except by action of the Board or the General Manager.

4. All fees require the prior approval of the Board of Directors. Fees may be changed by the Board at any time.

5. The Board may establish fees for approved uses of common properties.

8.01 INDEMNIFICATION OF DIRECTORS AND OFFICERS FOR DEDUCTIBLES  Top

8.02 GIFTS Top

8.030 PROCESS AND DOCUMENTATION REQUIRED TO SUPPORT A REQUEST FOR THE USE OF COMMON PROPERTY AS A RESULT OF A SEPTIC SYSTEM LEACH FIELD FAILURE Top

Common properties are those properties reserved and intended to be devoted to the common use and enjoyment of all property owners. Therefore, the granting of the exclusive use of common property for the benefit of a single or limited number of property owners is a significant event.

The decision to license use of common property is reserved to the Board of Directors of the POA whose decision is final.

This policy in no way affects the ACC’s authority and responsibility for managing the building permit and inspection process.

Property owners and/or builders are reminded that the decision to install a septic system in ground of questionable soil morphology or on a lot too small for the home may cause serious and expensive consequences. In all cases the responsibility for any problems remains with the property owner and/or the builder. The property owner and/or builder is required to follow the attached process and documentation plan to support a request of assistance involving Common Property.

All requests for use of common property will be addressed to the POA Water Department who will receive all documents, and verify all necessary information before the Administration makes a recommendation to the POA Board of Directors. An application form will be provided by the POA along with documentation requirements.

The information and recommendation will be given to the POA Board of Directors at the first available Working Session after all the information has been gathered and verified by the Administration. The Board of Directors will take appropriate action at the following Board of Directors Meeting.

A fee may be charged for licensing the use of common property.

8.031 USE OF COMMON PROPERTY Top

8.032 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

8.06 CONDUCTING A BUSINESS ON RESIDENTIAL PROPERTY  Top

8.08 STANDARD OPERATION PROCEDURES MANUAL Top

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 terms

Procurement 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

I. 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)).

II. 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.

III. 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.

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.

 

The appropriate use of these logos shall be at the discretion of the General Manager.
 

9.03 VOLUNTEERISM Top

9.04 POLITICAL CANDIDATES / USE OF FACILITIES Top

9.05 COMMUNITY FUND DRIVES   Top

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:

   a. Single and eighteen years of age or younger, or
   b. Single and a full time student (12 credit hours) not more than 23 years of age, or
   c. 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.