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ELECTRONICALLY FILED
Benton County Circuit Court
Brenda DeShields, Circuit Clerk
2024-Mar-06 10:13:33
04CV-24-696
C19WD04 : 4 Pages
IN THE CIRCUIT COURT OF BENTON COUNTY, ARKANSAS
BELLA VISTA VILLAGE PROPERTY OWNERS
ASSOCIATION, INC., an Arkansas Non-Profit Corporation PLAINTIFF
v. Case No. 04CV-24-_______
RONALD L. BUCHANAN AND SUE C. BUCHANAN,
HUSBAND AND WIFE, AND THEIR UNKNOWN HEIRS,
IF ANY, IN REM DEFENDANTS
COMPLAINT
Comes Plaintiff, BELLA VISTA VILLAGE PROPERTY OWNERS ASSOCIATION,
INC., an Arkansas Non-Profit Corporation, and for its cause of action against Defendants,
Ronald L. Buchanan and Sue C. Buchanan, husband and wife, and their unknown heirs, if any,
and does allege and state:
1. Plaintiff is a non-profit corporation organized under the laws of the State of Arkansas,
charged with the duty to fix, levy, collect and enforce the payments of charges and assessments
authorized to be collected for services provided for the persons and the property located within
the boundaries of Bella Vista Village, Benton County, Arkansas.
2. All real property located within the boundaries of Bella Vista Village, Benton County,
Arkansas, is subject to the recorded covenants and restrictions contained in the declarations dated
May 18, 1965, and recorded May 18, 1965, in Deed Record 373, at Page 008, et. seq. of the
records of Benton County, Arkansas.
3. Article X of the declaration provides for the assessments to be collected and creates a
lien on all property located within Bella Vista Village to enforce and secure the payment of
assessments. The assessments are as set forth in the records of the Plaintiff. The assessment is
currently $16.00 per month.
4. Defendants are the record owners of or have an interest in certain real property subject
to the lien of assessments pursuant to the declaration. Said real property is described as follows:
Lot 14, Block 7, Birsay Subdivision, Bella Vista Village, Arkansas, per recorded plat or
plats filed in the Office of the Circuit Clerk of Benton County, Arkansas.
Despite demand for payment, assessments remain due and owing by Defendants to Plaintiff.
5. Defendants have failed to pay assessments according to the terms of the declaration,
and, as of the last day of March 2024, there is due and owing Plaintiff by Defendants, the sum of
$532.60 for which Plaintiff should be given judgment in rem against the Property and in rem
only, against the interest of all Defendants, plus interest, costs, and an attorney’s fee, and said
lien, accordingly, foreclosed.
6. The Benton County Collector may claim some interest in the subject real property by
virtue of unpaid property taxes due on said property.
WHEREFORE, Plaintiff prays that it be given judgment in rem against the Property and
in rem only, against the interest of all Defendants, in the amount of $532.60 for the debt sued
upon herein and for the sum of $16.00 per month that shall pass between the date of filing of this
complaint and the date of entry of judgment; that said sum bear interest from the last day of
March 2024, at the rate of 6% per cent per annum until the date of this decree; that said judgment
bear interest from this date until paid at the rate of 10% per annum; that Plaintiff be decreed to
have a first lien upon the lands hereinabove described subordinate only to the lien of unpaid real
property taxes due to the Benton County Collector and to the lien of unpaid taxes due to the State
of Arkansas; that if the judgment to be rendered by the court be not paid, the foreclosure of the
lien held by Plaintiff be absolute, and a Commissioner be appointed to sell the property and lands
hereinabove described to satisfy said judgment; that Plaintiff also have judgment for costs,
including an attorney’s fee; and for any and all relief just and proper by the court.
BELLA VISTA VILLAGE PROPERTY
OWNERS ASSOCIATION, INC., an Arkansas
Non-Profit Corporation, PLAINTIFF
By: ______________________________
Doug McCash
Attorney for the Plaintiff
Ark. Bar No. 2014006
Bella Vista Property Owners Association
P. O. Box 6210
Bella Vista, AR 72714-1210
Phone: 479-855-5015
Facsimile: 479-855-8004
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ELECTRONICALLY FILED Benton County Circuit Court Brenda DeShields, Circuit Clerk 2024-Mar-06 10:13:33 04CV-24-696 C19WD04 : 4 Pages IN THE CIRCUIT COURT OF BENTON COUNTY, ARKANSAS BELLA VISTA VILLAGE PROPERTY OWNERS ASSOCIATION, INC., an Arkansas Non-Profit Corporation PLAINTIFF v. Case No. 04CV-24-_______ RONALD L. BUCHANAN AND SUE C. BUCHANAN, HUSBAND AND WIFE, AND THEIR UNKNOWN HEIRS, IF ANY, IN REM DEFENDANTS COMPLAINT Comes Plaintiff, BELLA VISTA VILLAGE PROPERTY OWNERS ASSOCIATION, INC., an Arkansas Non-Profit Corporation, and for its cause of action against Defendants, Ronald L. Buchanan and Sue C. Buchanan, husband and wife, and their unknown heirs, if any, and does allege and state: 1. Plaintiff is a non-profit corporation organized under the laws of the State of Arkansas, charged with the duty to fix, levy, collect and enforce the payments of charges and assessments authorized to be collected for services provided for the persons and the property located within the boundaries of Bella Vista Village, Benton County, Arkansas. 2. All real property located within the boundaries of Bella Vista Village, Benton County, Arkansas, is subject to the recorded covenants and restrictions contained in the declarations dated May 18, 1965, and recorded May 18, 1965, in Deed Record 373, at Page 008, et. seq. of the records of Benton County, Arkansas. 3. Article X of the declaration provides for the assessments to be collected and creates a lien on all property located within Bella Vista Village to enforce and secure the payment of assessments. The assessments are as set forth in the records of the Plaintiff. The assessment is currently $16.00 per month. 4. Defendants are the record owners of or have an interest in certain real property subject to the lien of assessments pursuant to the declaration. Said real property is described as follows: Lot 14, Block 7, Birsay Subdivision, Bella Vista Village, Arkansas, per recorded plat or plats filed in the Office of the Circuit Clerk of Benton County, Arkansas. Despite demand for payment, assessments remain due and owing by Defendants to Plaintiff. 5. Defendants have failed to pay assessments according to the terms of the declaration, and, as of the last day of March 2024, there is due and owing Plaintiff by Defendants, the sum of $532.60 for which Plaintiff should be given judgment in rem against the Property and in rem only, against the interest of all Defendants, plus interest, costs, and an attorney’s fee, and said lien, accordingly, foreclosed. 6. The Benton County Collector may claim some interest in the subject real property by virtue of unpaid property taxes due on said property. WHEREFORE, Plaintiff prays that it be given judgment in rem against the Property and in rem only, against the interest of all Defendants, in the amount of $532.60 for the debt sued upon herein and for the sum of $16.00 per month that shall pass between the date of filing of this complaint and the date of entry of judgment; that said sum bear interest from the last day of March 2024, at the rate of 6% per cent per annum until the date of this decree; that said judgment bear interest from this date until paid at the rate of 10% per annum; that Plaintiff be decreed to have a first lien upon the lands hereinabove described subordinate only to the lien of unpaid real property taxes due to the Benton County Collector and to the lien of unpaid taxes due to the State of Arkansas; that if the judgment to be rendered by the court be not paid, the foreclosure of the lien held by Plaintiff be absolute, and a Commissioner be appointed to sell the property and lands hereinabove described to satisfy said judgment; that Plaintiff also have judgment for costs, including an attorney’s fee; and for any and all relief just and proper by the court. BELLA VISTA VILLAGE PROPERTY OWNERS ASSOCIATION, INC., an Arkansas Non-Profit Corporation, PLAINTIFF By: ______________________________ Doug McCash Attorney for the Plaintiff Ark. Bar No. 2014006 Bella Vista Property Owners Association P. O. Box 6210 Bella Vista, AR 72714-1210 Phone: 479-855-5015 Facsimile: 479-855-8004