Both sides in a lawsuit filed by Hot Springs Village’s developer await further action in Saline County Circuit Court.

Plaintiff Cooper Communities Inc. seeks certain information from the Property Owners’ Association in the suit, filed Nov. 27 after the case was transferred from Garland County Circuit Court.

CCI later filed a motion to dismiss without prejudice two requests, including a request to prevent the POA from counting unmarked ballots as affirmative votes and another to require the POA to preserve ballots from the Nov. 30 special election.

CCI told Judge Grisham Phillips the latter request was to allow CCI to have an independent audit of votes.
However, all 13 measures proposed by the POA failed, which aligned the the developer’s public request to property owners to defeat all proposals. Phillips approved CCI’s motion on Dec. 11.

The POA had proposed 12 amendments to the Declaration, as well as changing incorporation from the 1963 Arkansas law to the 1993 law. Changes can only be presented every seven years.

CCI continues to seek information about contracts or employment agreements for (chief executive officer) Lesley Nalley and (former chief operating officer) David Twiggs, as well any potential POA contract with Twigg’s company, listed in CCI’s lawsuit as Destination Development.

CCI also seeks contact information for members, including addresses, email addresses and phone numbers, but tells the judge it does not request any personal information including Social Security numbers and other data. CCI tells Phillips it wants the contact information so it can communicate directly with owners.

CCI also seeks various POA financial records, as well as the POA’s fee schedule, saying POA members have the statuatory right to such information. CCI also tells the judge it needs to information to assess the POA’s financial strength.

Among points in the POA’s legal response is that the 14th Amendment trumps state statute on the issues. The POA tells the judge it has complied with CCI’s requests to the extent possible.

The lawsuit was originally filed in Garland County, but Circuit Judge John Homer Wright ruled Nov. 20 that Saline County was the proper venue for the case, citing the POA’s principal place of business, which is in Saline County.

In its motion to transfer, CCI complained that Garland County Circuit Court had ruled in a 2014 civil lawsuit against a businessman. In the 2014 suit, the POA told the court it conducts business in both counties.

CCI developed the Village in 1970.