BELLA VISTA -- Little appears tranquil behind the white fences in Bella Vista.
Bella Vista resident Jim Parsons has waged a protest for weeks against the Bella Vista Architectural Control Committee's decision to ban white fences.
Parsons, who is acting as his own attorney, filed a lawsuit Thursday against the committee in Benton County Circuit Court. The lawsuit names the committee and its board members: John Cooper III, Mike Tagart, Theresa Neal, Ralph Vernetti, Borem Cooper and Neff Basore.
"With all the trouble in the world, the pandemic, cyclones, the economy and they worry about a white fence," Parsons said. "It just doesn't pass the reasonableness test."
Parsons requested an opinion from Arkansas Attorney General Leslie Rutledge on whether the ban is legal, but she said the issue exceeds her authority to assess since it involves a property owners association's transactions with its members.
Parsons said he filed the lawsuit for a judge to determine whether the committee's ban is legal.
"If it's not legal, there's no reason for people to be taking their fences down or painting them," he said.
Buddy Vernetti, the director of the architectural committee, previously explained the organization is run by a board that he is a member of as well as its employee. Other members include local builders, real estate agents and a representative of the Bella Vista Property Owners Association.
The Architectural Control Committee in Bella Vista was created by the governing documents, the same documents that set up the property owners association. But they are two separate organizations. While the association manages the amenities, including parks, lakes and golf courses and owns the water utility, the committee is concerned with the covenants that apply to aesthetics and to construction of residences and remodeling.
The committee decided about 12 years ago to prohibit white fences in Bella Vista but agreed to "grandfather in" some fences. Over the years, hundreds of white fences appeared, Vernetti said, and it became difficult to identify which ones were part of the original deal.
"They lost the list," Parsons said. "That's their problem. It's not ours because they shouldn't have lost it."
The board decided to ban all white fences as of Saturday, and Vernetti said he checked with an attorney to make sure it had that power. Notices went out in utility bills and were printed in the local paper over a year ago. Only a few people paid attention, he said.
Cheyenne Dostart, committee office manager, previously said she thinks the decision was made as part of an effort to keep Bella Vista looking "natural," although she wasn't part of the decision. White houses are also banned by the committee, but earth tones, such as browns, greens and grays, are encouraged."
The case is assigned to Benton County Circuit Judge Doug Schrantz.