BELLA VISTA — Among the deadlines that approach with the new year is one that’s unique to Bella Vista. After Jan. 1 some owners of white fences on property that is part of the POA may hear from the Architectural Control Committee.

One resident promises to fight the rule he considers arbitrary. Jim Parsons has already asked for an opinion from the Arkansas Attorney General’s Office on the rule. He said he’s preparing to fight for his right to what he considers part of the American Dream.

The Architectural Control Committee in Bella Vista was created by the governing documents, the same documents that set up the Bella Vista POA. But they are two separate organizations. While the POA manages the amenities, including parks, lakes and golf courses and owns the water utility, the ACC is concerned with the covenants that apply to aesthetics and to construction of residences and remodeling.

Its bvacc.com website reads: “The purpose and intent of the BVVACC, Inc. is to assure compliance with the Declaration and Protective Covenants and the policies and procedures of the BVVACC, Inc., as herein stated, particularly with the construction of new residences, remodeling of existing residences, additions to existing residences, commercial buildings, and additions to properties, such as fences, storage sheds, decks, etc., with respect to size, location, color, aesthetics, materials, and other matters as provided within the Declaration and Protective Covenants and the BVVACC, Inc. Policies and Procedures Manual.”

Buddy Vernetti, the director of the ACC, explained that the organization is run by a board that he is a member of as well as its employee. Other members include local builders, realtors and — as a courtesy — a representative of the POA.

The board decided about 12 years ago that white fences would not be allowed in Bella Vista but agreed to “grandfather in” some fences that were already in place. Over the years hundreds of white fences appeared, he said, and it became difficult to identify which ones were part of the original deal.

The board decided to ban all white fences as of Jan. 1, 2022, and Vernetti said he checked with an attorney to make sure they 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.

Although she wasn’t part of the decision, ACC office manager Cheyenne Dostart said she thinks the decision was made as part of an effort to keep Bella Vista looking “natural.” White houses are also banned by the ACC but earth tones, such as browns, greens and grays, are encouraged.

The ACC waived the permit fee to paint white fences and 15 people have applied for the permit to paint their fence, Dostart said.

It’s not always easy to paint a fence, Parsons said. Many of the white fences in question are vinyl, and that requires a special paint. He said the result isn’t always attractive. He has no plans to paint his fence.

With the help of a local Facebook group, Parsons submitted a petition to the ACC asking that enforcement of the white fence rule be suspended, but the ACC did not respond. He also sent a certified letter that received no response, so he went to his state representative, Gayla McKenzie, and asked her to request an official attorney general’s opinion. The opinion, he said, is on the desk of state Attorney General Leslie Rutledge, awaiting her signature. But she has the option of asking her staff to rewrite it. There’s no way of predicting how long it will take to receive the opinion.

Meanwhile, he expects to be cited by the ACC for noncompliance with the fence rule on Jan. 1, but he said he doesn’t care. He said if the ACC fines him, he won’t pay. The only way to enforce the ban is with a lien on his home, and he said he doesn’t care about that either. He said he is 88 years old and doesn’t care what happens to the house after he dies and that his children have no interest in inheriting the house.

World War II veterans returned home and built new homes, he said, and the white picket fence became a symbol of those homes and of the American Dream.

“I will die before I take out my fence,” he said. He said he believes other homeowners agree.

He’s said he worries that if the ACC can regulate the color of fences, they may next decide to ban white gutters or white garage doors.

Vernetti said that citations may be sent after the first of the year, but he doesn’t have enough inspectors to send them out searching for fences that violate the rules. Typically, the inspectors go out to check on permitted projects and if they see another violation while they are out and about they take a photo and bring it back to the office. Office personnel then send a letter with the photo included and ask the homeowner to correct the problem.

Since painting a fence requires a permit, the homeowner has 10 days to go into the office and file for a permit. After that they have six months to do the work. If the homeowner doesn’t take action, the inspector will return and take a second picture and a second letter will go out. There’s a $150 inspection fee if a second letter goes out, he said. If there’s still no action, the ACC will file suit and that gets expensive, he said.

Although he has been criticized by homeowners over the years, Vernetti said he believes that most residents want the ACC to continue enforcing the rules. Without the ACC some homeowners will allow their property to deteriorate and become an eyesore, he said.

Since Bella Vista became a city in 2007, the city has taken over some responsibilities from the ACC, but the city will not replace the ACC completely, he said. The city, the POA and the ACC will continue to coexist and govern Bella Vista, he said.

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