Arkansas HOA Laws Explained: Homeowner Rights & Board Obligations

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. Code §§18-13-101 to 18-13-120)

This short chapter governs condominium ("horizontal property") regimes created by a recorded master deed. Key points:

• §18-13-101 — Title and definitions; the chapter "shall be known as the Horizontal Property Act"
• §18-13-116 — Liability for common expenses and assessments, and the association's assessment lien
• The Act runs only from §18-13-101 through §18-13-120 — it is a compact statute, not a comprehensive HOA code
• It applies only where a condominium master deed has been recorded electing into the Act

Ordinary HOAs: Your CC&Rs + the Nonprofit Corporation Act

Arkansas has no "Planned Community Act." Subdivisions and planned communities are governed primarily by their recorded declaration of covenants (CC&Rs) and bylaws. Because most Arkansas HOAs are organized as nonprofit corporations, the Arkansas Nonprofit Corporation Act of 1993 (Ark. Code Title 4, Chapter 33) supplies default rules for:

• Members' meetings, notice, quorum, and voting
• Members' right to inspect corporate records
• Board elections, director duties, and corporate governance
• Amendment of the corporation's articles and bylaws

Compare Arkansas's framework to neighboring states: Tennessee, Texas.

Even without a comprehensive HOA statute, Arkansas homeowners have meaningful rights — from their governing documents, from the Nonprofit Corporation Act, and from Arkansas common law.

Procedural Rights From Your Governing Documents

• Notice as required by your CC&Rs — Most declarations require written notice before a fine; there is no statutory minimum, so the document controls
• Opportunity to be heard — If your documents provide a hearing, the HOA must honor it before imposing a penalty
• Cure opportunity — Many declarations allow a window to fix the violation before fines accrue
• Written decision — Request a written determination so you have a record for any later challenge

Record Access Rights

Members of a nonprofit-corporation HOA generally have the right to inspect corporate records under the Arkansas Nonprofit Corporation Act (Title 4, Ch. 33); condominium owners have records access under the Horizontal Property Act. Typical records include:

• Financial records — Budgets, statements, assessment records
• Meeting minutes — Minutes of board and annual meetings
• Governing documents — Declaration, bylaws, rules, and amendments
• Membership and voting records — As provided by the Nonprofit Corporation Act
• Contracts — Agreements with management companies and vendors

Voting and Governance Rights

• Board elections — Right to vote for and serve on the board
• Amendment votes — Right to vote on declaration and bylaw amendments per your documents
• Meeting attendance — Right to attend members' meetings as provided by the bylaws and the Nonprofit Corporation Act
• Special assessment votes — Right to vote on certain special assessments if your documents require it
• Proxy voting — Permitted unless restricted by the bylaws

Fair Housing Protections

Arkansas homeowners are protected by:

• Arkansas Civil Rights Act (Ark. Code §16-123-101 et seq.) — Prohibits housing discrimination under state law
• Federal Fair Housing Act — Protections based on race, color, religion, sex, national origin, disability, and familial status
• Reasonable accommodations — HOAs must accommodate persons with disabilities

Arkansas HOA board members have legal obligations to the association and its members — under the Nonprofit Corporation Act and the governing documents. Understanding these helps you hold your board accountable.

Fiduciary Duties

Arkansas HOA board members owe fiduciary duties:

• Duty of care — Must act with reasonable care and prudence
• Duty of loyalty — Must act in the association's best interest
• Good faith — All actions must be taken honestly and in good faith
• No self-dealing — Cannot use position for personal benefit
• Informed decisions — Must be reasonably informed before acting

Governance Obligations

• Members' meetings — Must hold meetings and give notice as required by the bylaws and Nonprofit Corporation Act
• Record maintenance — Must maintain and provide access to records
• Financial management — Must prepare budgets and manage reserves per the documents
• Insurance — Must maintain insurance coverage required by the governing documents
• Fair elections — Must conduct transparent board elections

Enforcement Obligations

• Follow the notice / hearing procedure in your CC&Rs — There is no statutory procedure, so the documents control
• Hearing opportunity — Must honor any hearing right in the documents
• Uniform enforcement — Must enforce rules consistently
• Reasonable sanctions — Fines must be proportionate and authorized
• Follow governing documents — Cannot exceed CC&R authority

What Your Arkansas HOA Board CANNOT Do

• Cannot fine in violation of the procedure set by your governing documents
• Cannot deny a hearing the documents provide
• Cannot deny record access guaranteed by the Nonprofit Corporation Act or documents
• Cannot selectively enforce rules
• Cannot retaliate against owners exercising rights
• Cannot discriminate under fair housing laws
• Cannot exceed authority in the declaration
• Cannot self-deal or profit from position

Arkansas has a well-developed body of covenant law that affects how HOA restrictions are enforced. Because the state has no general HOA statute, these common-law principles are often your strongest defense against unfair fines.

Covenant Recording Requirements

For restrictive covenants (CC&Rs) to be enforceable in Arkansas:

• Properly recorded — Must be recorded with the county circuit clerk
• Run with the land — Must "touch and concern" the land to bind future owners
• Notice — Subsequent purchasers must have constructive notice (through recording)
• Unambiguous — Ambiguous restrictions are construed in favor of the homeowner's free use of property

The Waiver Doctrine in Arkansas

Arkansas courts apply the waiver doctrine to covenant enforcement:

• Long-term non-enforcement of a restriction may constitute waiver
• If the HOA has not enforced a rule for years and suddenly fines you, the waiver defense applies
• The burden is on the HOA to show the restriction was actively maintained
• Widespread non-compliance throughout the community strengthens the waiver argument

Strict Construction of Restrictions

Arkansas courts construe restrictive covenants strictly:

• Ambiguities are resolved in favor of the property owner's free use
• Restrictions cannot be extended beyond their clear language
• The HOA bears the burden of proving the restriction applies to your conduct
• Implied restrictions are generally not enforced

Changed Conditions Defense

If neighborhood conditions have substantially changed:

• A restriction may become unenforceable if conditions have changed so substantially that the restriction no longer serves its original purpose
• This defense requires evidence of widespread changes in the community
• Courts balance the original intent with current conditions