Arkansas HOA Law Changes 2021–2025: What Every Board Needs to Know

Overview of Arkansas HOA Law Changes 2021–2025

Arkansas does not have the kind of comprehensive, frequently-amended HOA statute found in many other states. Community associations operate primarily under two frameworks: the Arkansas Horizontal Property Act (Ark. Code Title 18, Chapter 13), which governs condominiums, and the Property Owners' Associations Act (Ark. Code Title 14, Subtitle 14, Chapter 236), which addresses the powers and duties of property owners' associations for planned communities. Neither statute has undergone a major legislative overhaul during 2021–2025.

What the Statutes Cover

Arkansas Code § 14-236-109 sets out the general powers and duties of a property owners' association, including the authority to adopt and enforce rules, levy and collect assessments, and maintain common areas — but it leaves most procedural detail (notice periods, quorum, fine amounts, hearing rights) to each association's own declaration and bylaws rather than dictating it by statute. The Horizontal Property Act performs a similar role for condominiums, establishing the basic legal structure for creating and operating a condominium regime without imposing the level of statutory detail found in states with a Uniform Common Interest Ownership Act.

Practical Implication for Boards

Because Arkansas leaves so much to the governing documents, an Arkansas board's compliance obligations are defined mostly by its own declaration, bylaws, and rules rather than by a detailed statutory checklist. This makes it especially important for Arkansas associations to keep their governing documents current and internally consistent, since there is less of a statutory backstop than in states like California, Florida, or Colorado.

Board Action Checklist

• Confirm whether your community is governed by the Horizontal Property Act (condominium) or the Property Owners' Associations Act (planned community), since the applicable framework differs
• Review your declaration and bylaws for notice, quorum, fine, and hearing procedures — Arkansas statute does not supply defaults for most of these
• Do not assume protections common in other states (statutory solar rights, fine caps, mandated electronic voting) apply in Arkansas unless your own governing documents provide them
• Consult Arkansas counsel before relying on any statutory right not found in Title 14, Chapter 236 or Title 18, Chapter 13

How APM Helps Arkansas HOA Boards Stay Compliant

APM's remote HOA management service monitors Arkansas HOA and condominium law updates and provides client boards with compliance guidance and updated policy templates as the law changes. Learn about our Arkansas remote management services. Contact us at billing@apmhoa.com or call 810-777-7060.

Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Arkansas attorney for guidance specific to your community.