Arkansas HOA Laws 2026: §18-13-101, No Cap, Waiver Defense
State Summary
Got an Arkansas HOA fine? No statutory cap — §18-13-101 covers condos, CC&Rs control the rest, and waiver defense is strong. Free defense guide.
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
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.
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)
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What's Covered in This Arkansas HOA Guide
Arkansas HOA Laws & Homeowner Rights
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 HOA Fine Limits & Lien Procedures
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, for non-health/safety violations) or Colorado ($500 per violation for non-health/safety violations), Arkansas leaves both fine…
Read the full Arkansas HOA fine-limits guide →How to Fight an HOA Violation in Arkansas
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 →Frequently Asked Questions About Arkansas HOA Laws
What is the maximum HOA fine in Arkansas?
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.
Does my Arkansas HOA have to give me notice before fining me?
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.)
What laws govern HOAs in Arkansas?
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.
Can my Arkansas HOA place a lien on my home?
Potentially, but the mechanism matters. For condominiums, Ark. Code §18-13-116 of the Horizontal Property Act does not create a freestanding foreclosable lien — it makes co-owners personally liable for common expenses, gives unpaid assessments a payment priority out of sale proceeds (behind past-due property taxes and recorded mortgages), and makes a purchaser jointly liable for the seller's unpaid assessments. Any actual lien-and-foreclosure right for a condo comes from the master deed and bylaws. For ordinary HOAs, lien rights come entirely from the recorded declaration or bill of assurance. Where a lien exists, it is typically enforced through judicial foreclosure in Circuit Court, and you can contest the underlying debt in that proceeding.
Arkansas Violation Guides by Category
Explore detailed guides for specific violation types, including your rights, sample response letters, and appeal strategies.
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Official Arkansas sources
Primary government sources, so you can read the law yourself rather than take our summary for it. Links checked 2026-08-12.
- Governing statute
- Ark. Code Ann. tit. 18, ch. 13 — Horizontal Property Act (§§ 18-13-101 et seq.)Arkansas has no comprehensive planned-community or homeowners-association act, and no Arkansas state site publishes the Code text — both the General Assembly and the state portal link out to a paywalled vendor, so no official link is offered here.
- State agency with HOA jurisdiction
- None. Arkansas has no state agency or ombudsman with jurisdiction over HOA disputes; homeowner-versus-association matters are left to private action in court.
- Consumer protection
- Arkansas Attorney General consumer resourcesAttorneys General handle consumer fraud. They generally do not adjudicate HOA governance or fine disputes.