Arkansas HOA & Condo Laws

Assessment Collection Compare across states →

How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …

A.C.A. §18-13-101

Arkansas Horizontal Property Act — Definitions

The Horizontal Property Act (A.C.A. §18-13-101 through §18-13-120) governs the creation and administration of condominium regimes in Arkansas. Covers master deeds, bylaws, common elements, unit …

Official text

A.C.A. §18-13-116

Horizontal Property Act — Liability for Expenses and Assessments

Co-owners of condominium apartments are bound to contribute pro rata toward expenses of administration, maintenance, and repair of common elements. Upon sale, unpaid assessments are …

Official text

Meetings and Notice Compare across states →

Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.

A.C.A. §18-13-107

Horizontal Property Act — Bylaws

Governs the bylaws of condominium associations, including requirements for administration, voting rights of co-owners, and governance procedures.

Official text

A.C.A. §4-33-705

Nonprofit Corporation Act — Notice of Members' Meetings

Requires written notice of each meeting of members not less than 10 nor more than 60 days before the meeting date. Notice must state the …

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Elections and Voting Compare across states →

Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.

A.C.A. §18-13-107

Horizontal Property Act — Bylaws

Governs the bylaws of condominium associations, including requirements for administration, voting rights of co-owners, and governance procedures.

Official text

Fiduciary Duty Compare across states →

Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …

A.C.A. §4-33-830

Nonprofit Corporation Act — Standards of Conduct for Directors

Directors of nonprofit corporations must act in good faith, with the care an ordinarily prudent person would exercise, and in a manner the director reasonably …

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Governance Documents Compare across states →

The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.

A.C.A. §18-13-101

Arkansas Horizontal Property Act — Definitions

The Horizontal Property Act (A.C.A. §18-13-101 through §18-13-120) governs the creation and administration of condominium regimes in Arkansas. Covers master deeds, bylaws, common elements, unit …

Official text

A.C.A. §18-13-102

Horizontal Property Act — Establishment of Horizontal Property Regimes

Establishes the legal requirements for creating a condominium regime in Arkansas, including the recording of a master deed with the county recorder's office.

Official text

A.C.A. §18-13-107

Horizontal Property Act — Bylaws

Governs the bylaws of condominium associations, including requirements for administration, voting rights of co-owners, and governance procedures.

Official text

A.C.A. §4-33-101

Arkansas Nonprofit Corporation Act of 1993 — General Provisions

Arkansas has no HOA-specific statute. HOAs organized as nonprofit corporations are governed by the Arkansas Nonprofit Corporation Act of 1993 (A.C.A. §4-33-101 et seq.), which …

Official text

Foreclosure and Liens Compare across states →

Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.

A.C.A. §18-13-116

Horizontal Property Act — Liability for Expenses and Assessments

Co-owners of condominium apartments are bound to contribute pro rata toward expenses of administration, maintenance, and repair of common elements. Upon sale, unpaid assessments are …

Official text

Legal Facts by Category

Assessment · 3

Arkansas is a judicial foreclosure state; lien enforcement requires court action A.C.A. §18-13-116

Co-owners of condominium apartments are bound to contribute pro rata toward expenses of administration, maintenance, and repair of common elements. A.C.A. §18-13-116

The purchaser is jointly and severally liable with the seller for outstanding amounts. A.C.A. §18-13-116

Enforcement · 1

Non-condo HOA assessment liens derive solely from the association's CC&Rs, not statute. A.C.A. §18-13-116

Financial · 1

Upon sale, unpaid assessments are paid from the sales price in preference over other charges except past-due taxes and recorded mortgage instruments. A.C.A. §18-13-116

Governance · 15

The Horizontal Property Act (A.C.A. A.C.A. §18-13-101

§18-13-101 through §18-13-120) governs the creation and administration of condominium regimes in Arkansas. A.C.A. §18-13-101

Covers master deeds, bylaws, common elements, unit ownership, insurance requirements, assessment authority, and reconstruction after casualty. A.C.A. §18-13-101

Originally enacted in 1963, amended in 2025 by Act 516. A.C.A. §18-13-101

Establishes the legal requirements for creating a condominium regime in Arkansas, including the recording of a master deed with the county recorder's office. A.C.A. §18-13-102

Governs the bylaws of condominium associations, including requirements for administration, voting rights of co-owners, and governance procedures. A.C.A. §18-13-107

§4-33-101 et seq.), which establishes the legal framework for nonprofit organizations including organizational requirements, member rights, board duties, and meeting procedures. A.C.A. §4-33-101

Arkansas has no HOA-specific statute. A.C.A. §4-33-101

HOAs organized as nonprofit corporations are governed by the Arkansas Nonprofit Corporation Act of 1993 (A.C.A. A.C.A. §4-33-101

Applies to HOA member meetings. A.C.A. §4-33-705

Notice must state the place, day, hour, and in the case of special meetings, the purpose of the meeting. A.C.A. §4-33-705

Requires written notice of each meeting of members not less than 10 nor more than 60 days before the meeting date. A.C.A. §4-33-705

Not less than ten nor more than sixty days before the meeting date A.C.A. §4-33-705 (a)

Directors of nonprofit corporations must act in good faith, with the care an ordinarily prudent person would exercise, and in a manner the director reasonably believes to be in the corporation's best interests. A.C.A. §4-33-830

Applies to HOA board members serving as directors of the nonprofit corporation. A.C.A. §4-33-830