Arkansas HOA Laws Explained: Rights & Duties

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 — Co-owner liability for common expenses and assessments, the sale-proceeds payment priority for unpaid assessments (behind taxes and prior mortgages), and purchaser liability for a seller's arrears — not a freestanding statutory 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

2025 amendment — check which version applies to you. Act 516 of 2025 updated the Horizontal Property Act, adding definitions (including "common elements," "declarant" and "development rights"), requiring more detail in the master deed, and setting rules for declarant use of purchaser deposits. The changes apply to horizontal property regimes established on or after September 1, 2025, so an older condominium regime continues under the prior version. The amendments are aimed mainly at developers rather than at fines or enforcement, so they are unlikely to change the outcome of a violation dispute — but if your regime was created after that date, read the current text rather than an older summary.

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