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2019 Op. Ark. Att'y Gen. 1 (2019)

handle is hein.sag/sagar0111 and id is 1 raw text is: 



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                            STATE OF ARKANSAS
                            ATTORNEY GENERAL
                            LESLIE RUTLEDGE

Opinion No. 2018-088

January 3, 2019

The Honorable Kim Hendren
State Representative
1501 West Highway 72 Southeast
Gravette, AR 72736-9438

Dear Representative Hendren:

This is in response to your request for an opinion on behalf of your constituents
who are members of the Bella Vista Property Owners Association (POA). Your
request states that the POA has implemented a policy that states if a member is
ninety days delinquent in his or her monthly assessment payments to the
Association, the delinquent member's water is shut off. You also state that the
POA owns and operates the water department.

In light of the above-referenced scenario, you ask the following question:

      If the member is current in his or her water payments, is it legal for
      the Association to shut off said member's water?

RESPONSE

With respect, I am unable to provide an answer to your question. I must echo my
immediate predecessor-who was presented with substantially the same question
in 2011 '-in stating that the POA's legal ability to terminate a service it provides
is purely a matter of contract between the POA and its individual members. I have
enclosed a copy of that opinion for your convenience and review.

At the time of the 2011 opinion, the Bella Vista POA was a private non-profit
corporation, and not a public body politic or governmental entity. It is my

Op. Att'y Gen. 2011-077 at 3.

               323 C NTI IR SIRET , SUIfi 200 , Li TL ROCK, ARKANSAS 72201
                    TEl I'HONF. (501) 682-2007, FAX (501) 682-8084
                               ARKANSASAGGOV

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