HOA Laws in Arkansas

Arkansas does not have a single comprehensive homeowners association statute. Condominiums are governed by the Arkansas Horizontal Property Act, Title 18, Chapter 13. Most other HOAs are governed by their recorded documents and by corporate law. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing framework

If your community is a condominium, the Horizontal Property Act controls most operations, including creation, management, assessments, and liens. If your community is a traditional HOA, there is no detailed statewide HOA code, so your recorded declaration of covenants (CC&Rs) and bylaws carry significant weight. Most Arkansas HOAs are incorporated as nonprofit corporations, so Title 4 governs corporate matters such as member and board meetings, director duties, quorum, and voting.

Meetings and records

For traditional HOAs, meetings, notice, and records access are governed mainly by the bylaws and by the nonprofit corporation law, which gives members certain inspection rights. Condominium associations follow the provisions of the Horizontal Property Act.

Elections and voting

Directors are elected by the members as provided by the bylaws and the corporation law, with notice, quorum, proxy, and ballot procedures following the governing documents.

Assessments, liens, and foreclosure

Condominium associations may place and enforce a lien for unpaid assessments under the Horizontal Property Act. Traditional HOAs derive their assessment and lien authority mainly from their governing documents, enforced under general Arkansas law. Boards typically involve an attorney for liens and foreclosure.

Fines and enforcement

For most Arkansas HOAs, the authority to fine comes from the governing documents rather than a detailed state statute. Boards should confirm their documents authorize fines and should provide fair notice and an opportunity to be heard.

Reserves and budgets

Arkansas does not impose a statewide reserve-study or reserve-funding mandate on HOAs. Budgeting and reserve practices follow the community's documents, and funding reserves for major repairs remains a widely recommended practice.

Owner protections on common restrictions

Arkansas addresses certain owner rights by statute, and the recorded restrictions otherwise control. Owners and boards should read the CC&Rs carefully and confirm any applicable state limits.

Where to get official help

The Arkansas Horizontal Property Act appears in Title 18 of the Arkansas Code, and the Nonprofit Corporation Act in Title 4. Because Arkansas leaves much to the governing documents, consulting an Arkansas attorney experienced in community association law is especially valuable.