Arkansas HOA Laws and Regulations: Guide (2026)

Quick Answer

Arkansas has no comprehensive HOA statute. The only community-association law of its kind is the Horizontal Property Act (Ark. Code Ann. § 18-13-101 through § 18-13-120), which applies to condominium-style regimes created by a recorded master deed. For ordinary subdivisions, the rules come from your recorded declaration or bill of assurance, bylaws, and the Arkansas Nonprofit Corporation Act if the association is incorporated.

Which laws govern HOAs and condominiums in Arkansas

Many homeowners are surprised to learn that Arkansas has no general planned-community or property owners' association act. That does not mean associations are unregulated. It means the rules are found in several places and the recorded documents do most of the work.

The Horizontal Property Act

The Horizontal Property Act is Chapter 13 of Subtitle 2 of Title 18 of the Arkansas Code. The 2025 code lists sections 18-13-101 through 18-13-120, covering the title and definitions, establishment of horizontal property regimes by master deed (§ 18-13-103 and § 18-13-104), bylaws (§ 18-13-108), the book of receipts and expenditures and its examination (§ 18-13-110), common elements, conveyances, liability for expenses and assessments (§ 18-13-116), insurance (§ 18-13-117 through § 18-13-119) and taxation. The act is comparatively short, and the Arkansas Supreme Court has described a regime as created by recording a master deed and administered under recorded bylaws. Sections of the act were amended by 2025 Act 516; for example, the history note to § 18-13-116 lists Act 516 of 2025.

If you live in a condominium, read our complete guide to condo associations together with your master deed and bylaws.

Subdivisions and planned communities

For a typical single-family subdivision, we did not find a statute that tells the association how to hold elections, keep records or collect assessments. Authority comes from the covenants recorded against the lots, often called a declaration, bill of assurance or restrictive covenants. Arkansas courts generally enforce those covenants as contracts and as covenants running with the land. The association's lien rights for unpaid dues, if any, also come from the covenants rather than a statute. For a plain-English overview, see HOA governing documents explained.

Nonprofit corporation law

Many associations are incorporated as nonprofit corporations under the Arkansas Nonprofit Corporation Act of 1993 (Ark. Code Ann. § 4-33-101 and following). According to secondary summaries, that act sets default rules on notice of member meetings (not less than 10 nor more than 60 days before the meeting, unless the documents say otherwise) and on standards of conduct for directors. Whether your association is incorporated, and what its articles and bylaws provide, is the first thing to check. See also how an HOA works.

Arkansas HOA and condo law at a glance

The table separates what the Horizontal Property Act says from what depends on your documents. Where we could not verify a rule, it says to see your documents.

Assessments and collection without a statutory lien

Section 18-13-116 is the heart of the act on money. It says co-owners are bound to pay their percentage of the expenses of administration, maintenance and repair of the common elements and any other expense lawfully agreed upon. A co-owner cannot escape the obligation by waiving use of the common elements or abandoning the unit. Past-due assessments may bear interest at a lawful rate established by the association. During the early years of a development, the declarant must pay operating shortfalls until control passes or five years after its first conveyance, whichever is earlier.

The same section also gives a payoff rule on sales: unpaid assessments are to be paid first from the sale price or by the acquirer, in preference over other assessments or charges except past-due taxes and recorded mortgage payments. The Arkansas Supreme Court considered how this section interacts with a foreclosure sale in First State Bank v. Metro District Condominiums Property Owners' Association, 2014 Ark. 48, so boards facing a lender foreclosure should get legal advice rather than rely on a summary.

For subdivision associations, collection depends on what the covenants say. Many Arkansas covenants create a lien and describe how it can be enforced, but we did not verify a statute that does so. Recording a notice or following the procedure in your documents may be important. Consistent billing and written notices are the best protection. Our HOA violations and enforcement guide explains how to document steps before escalating.

Records and transparency

The only statutory records right we verified is for condominiums. Section 18-13-110 requires a detailed, chronological account of receipts and expenditures and makes it and the supporting vouchers available to co-owners at set and announced hours. For other associations, access depends on the bylaws and, for nonprofit corporations, on the corporation law. A good practice for any board is to adopt a written records policy that says who may inspect, how requests are made and how quickly the board will respond. A resident portal that holds budgets, minutes and governing documents makes this much easier.

Board powers, rules and fines

With little statutory guidance, the declaration is both the source and the limit of board power. Rules must generally be consistent with the recorded documents and applied evenly. Our guides on what powers an HOA has and the limits and HOA board member responsibilities cover the fundamentals, and HOA reserve funds explained explains why saving for repairs matters even when the statute does not require it.

Recent changes

The Horizontal Property Act dates from 1961, with periodic amendments. The 2025 session added changes through Act 516, which appears in the history of § 18-13-116. For a summary, see our overview of Arkansas HOA law changes 2021-2025. Check the current Arkansas Code before acting on any section cited here.

Remote HOA management in Arkansas

Because Arkansas leaves so much to the governing documents, good records and consistent process matter even more. Remote management gives boards a cloud dashboard for budgets, bank reconciliation and vendor invoices; online dues collection with automated reminders and a clear ledger for each owner; digital violation tracking with photos, notices and hearing records; and board support by phone, email and video for meetings and owner questions. Read more about remote HOA management in Arkansas and see our pricing page.

Rules on manager licensing and registration vary by state, so associations should confirm what applies in Arkansas. Arkansas regulates real estate and property management licensing through the Arkansas Real Estate Commission; sources we found were inconsistent about how this applies to community association managers and about recent changes, so confirm the current exemptions with the Commission or your attorney before hiring.

Frequently Asked Questions

Does Arkansas have an HOA law?

Not a comprehensive one. Arkansas has the Horizontal Property Act for condominium regimes (Ark. Code Ann. § 18-13-101 and following) but we found no general act for property owners' associations. Subdivision associations rely on their recorded covenants and, if incorporated, the Arkansas Nonprofit Corporation Act of 1993.

Can an Arkansas HOA place a lien on my property?

For condominiums, § 18-13-116 gives unpaid assessments priority on a sale ahead of most other charges except past-due taxes and recorded mortgage payments. For subdivisions, any lien comes from the recorded covenants rather than a statute we could verify. Have an attorney review your documents before filing.

Can I inspect my Arkansas condo association's financial records?

Yes. Section 18-13-110 requires the administration to keep a chronological account of receipts and expenditures and to make the book and vouchers available to all co-owners at announced working-day hours. Other associations should check their bylaws.

Can an Arkansas condo association charge extra for rented units?

Under § 18-13-116(a)(2), the administration of a horizontal property regime may establish additional assessments for a co-owner who makes a unit available for rent or lease, limited to what is reasonably calculated to cover added security, wear and tear, trash pickup and similar costs. Check your own documents too.

Is there a statewide limit on rental caps or fines in Arkansas?

We did not find one. Rental limits, fines and review procedures come from the declaration and bylaws. For background, see our guide on HOA rental caps and consult a local attorney before adopting or enforcing a restriction.

How APM Helps

Association Property Managers offers remote HOA and condo management to boards nationwide, with offices in East Lansing, Michigan and Dublin, California. If your Arkansas board wants help with billing, collections, records and meetings, explore our association management services or request a free proposal, delivered within 3 business days. You can also call 810.777.7060 or read what HOA management is.

This article is general information, not legal advice. Laws change and associations differ; consult a licensed attorney in Arkansas. Last verified October 25, 2026.