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State Summary
Complete Arkansas HOA guide. Arkansas has no comprehensive HOA statute — condos follow the Horizontal Property Act and ordinary HOAs follow their CC&Rs. Fine procedures, your rights, and how to fight unfair violations.
Governing Law: Condominiums: Arkansas Horizontal Property Act (Ark. Code §§18-13-101 to 18-13-120). Ordinary HOAs: recorded CC&Rs + Arkansas Nonprofit Corporation Act (Ark. Code Title 4, Ch. 33). No comprehensive HOA statute.
Researched by Brandon Sorensen
Max Fine
Set by CC&Rs
Aggregate Cap
No statutory cap
Notice Period
Set by CC&Rs (no HOA statute)
Hearing
Set by CC&Rs (no HOA statute)
Arkansas is unusual: it does not have a comprehensive statute regulating ordinary homeowners associations. Condominiums are governed by the Arkansas Horizontal Property Act (Ark. Code §§18-13-101 to 18-13-120). Ordinary planned communities and subdivisions are governed primarily by their recorded CC&Rs (the declaration), together with the Arkansas Nonprofit Corporation Act (Ark. Code Title 4, Chapter 33) for governance, meetings, records, and voting — because most Arkansas HOAs are organized as nonprofit corporations.
Because there is no general HOA act, Arkansas does not set a statutory cap on fines, a statutory notice period, or a statutory hearing requirement for ordinary HOAs. Those rules come from your governing documents. Many declarations do require written notice and an opportunity to be heard before a fine — if yours does, the HOA must follow it, and a fine imposed without that procedure can be challenged. Arkansas's strongest built-in protections come from common-law covenant doctrines: strict construction of restrictions in favor of free use, the waiver doctrine, and the changed-conditions defense.
This guide covers everything you need to know about Arkansas HOA law: how to fight violations, your rights as a homeowner, the procedures your HOA must follow under your governing documents, and how fines and liens work. Compare Arkansas to neighboring states: Tennessee, Texas.
Homeowners associations in Arkansas are governed by the Condominiums: Arkansas Horizontal Property Act (Ark. Code §§18-13-101 to 18-13-120). Ordinary HOAs: recorded CC&Rs + Arkansas Nonprofit Corporation Act (Ark. Code Title 4, Ch. 33). No comprehensive HOA statute.. Under that statute, the maximum fine an HOA can impose is Set by CC&Rs, with No statutory cap as the aggregate limit for continuing or repeated violations.
Before a fine becomes enforceable, your HOA must give you Set by CC&Rs (no HOA statute). Arkansas requires a hearing in the following circumstances: Set by CC&Rs (no HOA statute). If your HOA skipped any of these procedural steps, the fine may be challengeable on procedural grounds regardless of whether you actually violated the underlying rule.
The three guides below cover the law in depth: how to fight a violation in Arkansas, what your rights and the HOA's obligations are under Condominiums: Arkansas Horizontal Property Act (Ark. Code §§18-13-101 to 18-13-120). Ordinary HOAs: recorded CC&Rs + Arkansas Nonprofit Corporation Act (Ark. Code Title 4, Ch. 33). No comprehensive HOA statute., and the specific dollar limits and lien rules that apply to fines.
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Step-by-step guide to challenging Arkansas HOA violations. Because Arkansas has no general HOA statute, learn how to use your CC&Rs, the Nonprofit Corporation Act, and strong covenant common law.
Read Guide →Complete explanation of Arkansas HOA law. Condos follow the Horizontal Property Act (§§18-13-101 to 18-13-120); ordinary HOAs follow their CC&Rs and the Nonprofit Corporation Act. Your rights and protections.
Read Guide →Complete guide to Arkansas HOA fine limits. No statutory cap and no general HOA statute — fines are CC&R-based. Lien rights, judicial foreclosure, and comparison to Tennessee and Texas.
Read Guide →Unlike most states, Arkansas has no single comprehensive HOA statute . Which rules apply to you depends on whether you live in a condominium or an ordinary planned community. Condominiums: Arkansas Horizontal Property Act (Ark.
Read the full Arkansas HOA laws guide →Arkansas does not impose a statutory cap on HOA fines, and it has no general HOA statute setting fining procedure. Unlike Nevada ($100 per violation) or Colorado ($500 cap), Arkansas leaves both fine amounts and procedures to each community's governing documents.
Read the full Arkansas HOA fine-limits guide →Arkansas has no general statute that sets HOA fining procedures, so the procedure your association must follow comes from your governing documents (the recorded CC&Rs and bylaws) — read them first. Condominiums are governed by the Arkansas Horizontal Property Act (Ark.
Read the full Arkansas dispute guide →Arkansas does not set a statutory maximum fine for HOA violations — there is no general HOA statute. Fine amounts are determined by each association's governing documents (CC&Rs, bylaws, and rules). Fines must be reasonable and authorized by those documents. If your declaration requires notice and a hearing before a fine, the HOA must follow that procedure. Arkansas courts can invalidate unreasonable fines and construe ambiguous restrictions in favor of the homeowner.
It depends on your governing documents. Arkansas has no statute requiring a specific notice period or a hearing before an ordinary HOA fine — those rights come from your CC&Rs and bylaws. Many Arkansas declarations do require written notice and an opportunity to be heard; if yours does, the HOA must follow it, and a fine imposed without that procedure can be challenged. (Condominiums are governed separately by the Arkansas Horizontal Property Act, §§18-13-101 to 18-13-120.)
Condominiums are governed by the Arkansas Horizontal Property Act (Ark. Code §§18-13-101 to 18-13-120). Ordinary planned communities are governed primarily by their recorded CC&Rs, plus the Arkansas Nonprofit Corporation Act (Title 4, Chapter 33) for meetings, records, and voting. Arkansas has no comprehensive "HOA act" for non-condominium communities, so your declaration and bylaws are the controlling documents.
Yes. For condominiums, the Horizontal Property Act gives the association a lien for unpaid assessments under Ark. Code §18-13-116; on a sale that lien generally comes behind past-due property taxes and recorded mortgages. For ordinary HOAs, lien rights come from the recorded declaration. Either way, the lien is typically enforced through judicial foreclosure in Circuit Court, and you can contest the underlying debt in that proceeding.
Explore detailed guides for specific violation types, including your rights, sample response letters, and appeal strategies.
Every state has different HOA rules. Compare Arkansas's with these high-traffic state guides, or see all 50 in the Max HOA Fine in Every State master table.
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