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

<h2>Overview of Arkansas HOA Law Changes 2021–2025</h2>

<p>Arkansas homeowners associations and condominium associations are governed by the Arkansas Property Owners Association Act (A.C.A. § 18-13-201 et seq.) and the Arkansas Horizontal Property Act (A.C.A. § 18-13-101). Between 2021 and 2025, the Arkansas Legislature enacted several important updates affecting electronic governance, solar energy installation rights, meeting transparency, fine procedures, and electronic voting. Here's a session-by-session breakdown.</p>

<h2>2021 Legislative Session</h2>

<h3>SB 611 — Property Owners Association Act Amendments</h3>

<p>SB 611 made targeted amendments to the Arkansas Property Owners Association Act, clarifying that electronic notice is a permissible method of delivering meeting notices and other required communications to members who have provided an electronic address. The bill is careful to protect members who prefer physical mail — associations may not require members to accept electronic-only notice, and any member who has not provided an electronic address must continue to receive notices by first class mail. Boards should update their notice procedures and member contact records to take advantage of electronic delivery while maintaining paper notice capability for members who haven't opted in.</p>

<h3>HB 1700 — Condominium Lien Priority</h3>

<p>HB 1700 amended A.C.A. § 18-13-118 to clarify that a condominium association's lien for unpaid assessments is prior to all other liens except ad valorem taxes and first mortgage liens. Importantly, the statute confirms that the association's lien attaches automatically from the date an assessment becomes due — the association does not need to record a separate lien document to establish the lien's existence. However, recording a notice of lien remains important to provide constructive notice to subsequent purchasers and encumbrancers. Arkansas condominium boards should ensure their collections policies reflect this automatic attachment rule and that lien notices are recorded promptly when delinquencies escalate.</p>

<h2>2023 Legislative Session</h2>

<h3>HB 1459 — Solar Panel Installation Rights</h3>

<p>HB 1459 prohibits Arkansas property owners associations from restricting or prohibiting the installation of solar energy systems on a member's property. Associations retain authority to require that panels be installed on rear-facing roof slopes where feasible and to establish reasonable aesthetic standards — including framing requirements and panel color — that do not materially reduce the system's energy output. Any existing CC&amp;R or rule provision that amounts to an outright prohibition on solar is now void under Arkansas law. Boards should audit their governing documents and promptly remove or amend non-compliant solar restrictions to avoid enforcement disputes with members.</p>

<h3>SB 492 — Meeting Transparency and Member Access</h3>

<p>SB 492 required Arkansas HOA boards to provide members with an agenda at least 5 days before any regular board meeting. This requirement ensures members have meaningful advance notice of the topics to be addressed, reducing the occurrence of significant decisions being made without member awareness. The bill also required associations to maintain meeting minutes available for member inspection within 30 days of the meeting. Minutes must be retained for a minimum of 7 years and must be produced in response to a member's timely written request. Boards that have been treating minutes as internal documents not subject to member inspection are now in violation of Arkansas law.</p>

<h2>2025 Legislative Session</h2>

<h3>HB 1831 — Fine Caps and Enforcement Due Process</h3>

<p>HB 1831 established a maximum fine of $100 per violation per day and a cumulative fine cap of $1,500 per violation for Arkansas property owners associations, unless the association's governing documents set lower limits. The bill also codified a right to a hearing before the board within 30 days before any fine may be collected or applied to the member's account. Boards must provide written notice of the violation and the opportunity to request a hearing as part of every fine notice. Associations that have been imposing fines without a hearing process, or imposing fines above these caps, must immediately update their enforcement procedures.</p>

<h3>SB 312 — Electronic Voting Authorization</h3>

<p>SB 312 expressly authorized Arkansas property owners associations to conduct board elections by electronic ballot, provided the association adopts a written electronic voting policy. The policy must ensure the secrecy of the ballot, prevent multiple voting, and require that electronic votes be counted and certified by a neutral third party or an association officer who is not standing for election in that cycle. Electronic voting must be offered as an option alongside traditional paper ballot voting — associations may not eliminate paper ballot voting entirely. Boards planning to implement electronic voting should adopt a written policy and test the system before the next scheduled election.</p>

<h2>Board Action Checklist</h2>

<ul>

<li>Update member contact records and adopt an electronic notice policy for members who provide email addresses</li>

<li>Audit CC&amp;Rs and rules for solar installation prohibitions — remove or amend any outright solar bans</li>

<li>Establish a 5-day advance agenda distribution procedure for all regular board meetings</li>

<li>Maintain meeting minutes and produce them within 30 days — retain for at least 7 years</li>

<li>Adopt a written fine and enforcement policy with a maximum of $100/day and $1,500 cumulative per violation</li>

<li>Include written violation notice and 30-day hearing opportunity as mandatory steps before any fine is imposed</li>

<li>Adopt a written electronic voting policy if the board intends to offer electronic elections</li>

</ul>

<h2>How APM Helps Arkansas HOA Boards Stay Compliant</h2>

<p>APM's remote HOA management service tracks Arkansas legislative changes and provides client boards with updated policy templates, compliance guidance, and enforcement procedures aligned with current law. Our team ensures Arkansas HOA elections, fine procedures, and meeting practices meet the updated statutory requirements. <a href="/remote-hoa-management/arkansas">Learn about our Arkansas remote management services</a>.</p>

<p><em>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.</em></p>