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. Code §§18-13-101 to 18-13-120). For ordinary planned communities, the declaration controls, and Arkansas common law (strict construction of covenants, the waiver doctrine) gives you powerful defenses. Compare Arkansas's approach to neighboring states: Tennessee, Texas.

The Fining Process Under Your Governing Documents

1. Written Violation Notice — Most declarations require the HOA to provide written notice identifying the specific violation, the governing-document provision allegedly violated, and the proposed sanction. This notice triggers the formal enforcement process.
2. Notice / Cure Period Set by Your CC&Rs — There is no statutory notice period in Arkansas. Many declarations give owners a set number of days' notice and an opportunity to cure before a fine. Check the exact deadline in your documents; if the HOA shortens it, the fine is vulnerable.
3. Opportunity to Be Heard — If your declaration or bylaws provide a hearing right, the association must give you the chance to present your case, submit evidence, and challenge the violation finding before imposing a fine.
4. Board Decision — After any hearing, the board or committee makes a determination. The decision should be documented and communicated in writing.
5. Fine Enforcement — If the violation is sustained, the fine must conform to the limits in your governing documents and be reasonable.

Each step must be followed as required by your governing documents. Procedural failures can invalidate the fine. Arkansas courts require associations to follow their own procedures and act within the scope of their authority.

Follow this systematic approach to maximize your chances of successfully challenging an unfair HOA fine in Arkansas.

Step 1: Review the Violation Notice

Examine the notice for the elements your governing documents require:

• Specific description of the alleged violation — not vague or conclusory
• Exact CC&R, bylaw, or rule section cited
• Proposed fine amount or penalty range
• Notice of any right to a hearing in your documents
• Deadline or procedure for requesting a hearing
• Instructions for curing the violation

If any element required by your CC&Rs is missing, the notice may be defective. Document the deficiency immediately.

Step 2: Review Your Governing Documents

Because Arkansas relies on governing documents for fine amounts and procedure, carefully check:

• Your CC&Rs — fine schedules, violation categories, notice/hearing procedures, and maximum amounts
• Bylaws — hearing procedures and appeal rights
• Board-adopted rules — specific rules your HOA has adopted
• Whether the rule was properly adopted with required notice to members
• Whether the CC&Rs were properly recorded with the county circuit clerk

Step 3: Gather Evidence

Build your case immediately:

• Timestamped photos of your property and the alleged violation
• Photos of neighboring properties with similar landscaping, parking, or maintenance conditions that were NOT fined
• All correspondence with the HOA
• Evidence of prior approvals or lack of prior enforcement
• Weather or seasonal documentation if relevant

Step 4: Use Your Notice / Cure Window

Whatever notice or cure period your CC&Rs provide, use it strategically:

• Cure the violation if possible — this usually stops the fine process
• Request a hearing in writing if your documents allow one
• Prepare your written defense with evidence
• Request HOA records (enforcement history, meeting minutes, etc.)
• Document comparable violations at other properties

Step 5: Attend the Hearing

If your documents provide a hearing, present your case professionally:

• Bring your written statement with CC&R citations
• Present evidence of selective enforcement
• Challenge procedural defects in the notice or process
• Raise covenant defenses (strict construction, waiver, changed conditions)
• Request a written decision from the board

Selective enforcement is a powerful defense in Arkansas. When an HOA enforces rules against some homeowners while ignoring identical violations by others, it demonstrates arbitrary board action and can invalidate the fine.

Legal Basis in Arkansas

Arkansas courts recognize selective enforcement as a defense because:

• Board members owe fiduciary duties to all lot owners
• Restrictions must be enforced uniformly to be valid
• Selective application can constitute evidence of personal targeting
• Arkansas courts have held that covenants must be enforced in a non-discriminatory manner
• Long-term non-enforcement can constitute waiver of the right to enforce a restriction

Building Your Selective Enforcement Case

Step 1: Document comparable violations

• Photograph 3-5 properties with the same or similar conditions that were not fined
• If fined for landscaping, find similar landscaping issues at other homes
• If fined for parking, document similar parking at unfined properties
• If fined for architectural modifications, find comparable modifications allowed at other homes

Step 2: Request enforcement records

• Request all violations issued in the past 2-3 years
• Ask which resulted in fines and which were dismissed or ignored
• Obtain board meeting minutes discussing enforcement decisions
• Request the HOA's written enforcement policy if one exists

Step 3: Present the evidence

• Create clear side-by-side comparisons for the hearing
• Show the pattern of inconsistent enforcement
• Cite the board's duty to enforce rules uniformly
• Argue waiver if the rule has been historically ignored

Understanding your options after a fine is imposed helps you protect your property and continue to challenge an unfair decision.

Association Lien Rights

For condominiums, Ark. Code §18-13-116 of the Horizontal Property Act does not itself create a foreclosable lien — it makes co-owners liable for common expenses, gives unpaid assessments a payment priority out of sale proceeds, and makes a purchaser jointly liable for the seller's arrears; the actual lien right, if any, comes from the master deed and bylaws. For ordinary HOAs, lien rights come from the recorded declaration or bill of assurance. Where the documents grant one, a lien may secure:

• Unpaid assessments — Regular and special HOA dues
• Fines — If the governing documents authorize fines to be added to the lien
• Late charges and interest — As authorized by governing documents
• Collection costs — Reasonable attorney's fees and expenses if authorized

Lien Priority

• Property taxes — Past-due taxes have priority over the association lien
• Recorded mortgages — Under §18-13-116 a condominium's unpaid-assessment priority on sale comes behind mortgages recorded before the assessment came due (and behind past-due property taxes); ordinary HOA liens follow the priority set by the declaration and recording date
• No statutory super-priority — Arkansas does not give HOA assessment liens a "super-priority" over a first mortgage the way some states do
• Recording — Associations typically record the lien with the county circuit clerk

Foreclosure in Arkansas

Arkansas HOA and condominium assessment liens are generally enforced through judicial foreclosure:

• Judicial foreclosure — Filed in Arkansas Circuit Court
• Court oversight — The court supervises the process
• Defenses available — You can raise all defenses including improper fining
• Right to cure — You can pay the debt to stop foreclosure
• Redemption — Arkansas law may provide a redemption period after a foreclosure sale; confirm the current rule for your type of foreclosure

Dispute Resolution Options

• Mediation — Arkansas courts encourage mediation for civil disputes
• Arkansas Circuit Court — File suit challenging the fine
• Small claims — District Court small claims division for disputes up to $5,000
• Arkansas Attorney General — Consumer Protection Division for fraud or deceptive practices