Arkansas

Arkansas HOA Laws: Statutes, Rules & Board Duties

What Arkansas statutes actually require of community associations — meetings, fines, assessments and liens, records, reserves, architectural review, and the resident protections a board cannot override. Every point is cited to statute.

By the Grihak Team · Researched 2026-07-09

Primary statute: No comprehensive HOA statute — condos: Arkansas Horizontal Property Act, Ark. Code §§ 18-13-101–18-13-120; non-condo HOAs: governing documents + Arkansas Nonprofit Corporation Act of 1993, Ark. Code §§ 4-33-101 et seq.

Applies to: Community associations in Arkansas

⚠️ Informational summary only — not legal advice. Laws change and facts matter. Confirm current requirements with the statute and a licensed Arkansas attorney before acting.

Governing statutes

Arkansas has no comprehensive HOA/common-interest-community statute. Unlike California's Davis-Stirling Act, there is no single code chapter governing planned-community homeowners' associations. Non-condominium HOAs are governed primarily by their recorded declaration (CC&Rs), bylaws, and plat, supplemented by general corporate law (https://www.hopb.co/arkansas).
Condominiums / horizontal property regimes are governed by the Arkansas Horizontal Property Act, Ark. Code §§ 18-13-101 – 18-13-120, which applies only where the developer records a master deed electing to submit the property to the Act (https://law.justia.com/codes/arkansas/title-18/subtitle-2/chapter-13/).
Most Arkansas HOAs are organized as nonprofit corporations under the Arkansas Nonprofit Corporation Act of 1993, Ark. Code §§ 4-33-101 – 4-33-1707 (entities incorporated on/after Jan. 1, 1994), which supplies default rules on members, directors, meetings, voting, and records (https://law.justia.com/codes/arkansas/title-4/subtitle-3/chapter-33/). Associations incorporated before 1994 may fall under the Nonprofit Corporation Act of 1963, §§ 4-28-201 et seq. (verify — depends on incorporation date and any election.)
Some Arkansas developments are served by a suburban/property-owners' improvement district — a quasi-governmental taxing body under Ark. Code §§ 14-92-101 et seq., not a private HOA — which levies assessments as a tax lien (https://law.justia.com/codes/arkansas/title-14/subtitle-5/chapter-92/). This is distinct from a covenant-based HOA.
Where the governing documents conflict with a mandatory statute, the statute controls; otherwise the recorded declaration generally governs. (verify for a specific community — no Arkansas statute fixes a universal document hierarchy for non-condo HOAs.)

Meetings & notice

No HOA-specific open-meeting or agenda law. Arkansas has no statute requiring HOA board meetings to be open to members, posted with an agenda, or minuted on a fixed timeline — a significant gap versus California's Open Meeting Act. Board-meeting access is whatever the bylaws provide.
For associations that are nonprofit corporations, member (not board) meetings follow the Nonprofit Corporation Act: an annual members' meeting may be required by the bylaws (Ark. Code § 4-33-701), and special meetings may be called under § 4-33-702 (https://law.justia.com/codes/arkansas/title-4/subtitle-3/chapter-33/).
Notice of a members' meeting: the corporation must notify members of the date, time, and place no fewer than 10 and no more than 60 days before the meeting (30 days if notice is mailed by other than first-class or registered mail); special-meeting notice must describe the purpose (Ark. Code § 4-33-705). (verify exact text.)
Quorum, proxy, and voting rules for members and directors are set by the Nonprofit Corporation Act (e.g., §§ 4-33-707, 4-33-708, 4-33-724) and the bylaws. (verify section numbers for a specific issue.)

Fines & enforcement

No Arkansas statute authorizes or regulates HOA fines. There is no state-law fine cap, no mandatory hearing/due-process procedure, and no statutory notice period (contrast California's $100 cap and hearing rules). Any authority to fine, and any procedure, must come from the recorded declaration or duly adopted rules — flag this gap.
An HOA's power to enforce covenants generally rests on the declaration; Arkansas courts enforce reasonable restrictive covenants but construe ambiguities in favor of the free use of land. (verify — case-law principle, not a statute.)
Because fines are a creature of contract (the declaration), a fine that lacks a clear basis in the governing documents is vulnerable to challenge. (verify — no statutory backstop exists.)
Nonprofit-corporation member-discipline procedures (Ark. Code § 4-33-621) may apply to expulsion/suspension of membership rights, but they are not a general HOA fine statute. (verify applicability.)

Assessments, liens & foreclosure

Condos (Horizontal Property Act): co-owners must contribute pro rata to common-expense assessments computed under Ark. Code § 18-13-112, and § 18-13-116 makes unpaid assessments a charge that must be paid out of the sale price (or by the acquirer) in preference over other charges, except recorded taxes and mortgages, with the purchaser jointly and severally liable with the seller for pre-conveyance amounts (Ark. Code § 18-13-116) (https://law.justia.com/codes/arkansas/title-18/subtitle-2/chapter-13/section-18-13-116/).
The Horizontal Property Act does not itself set out a detailed recorded-lien/foreclosure procedure with a dollar or time threshold; collection ultimately proceeds by civil action and/or the declaration's lien terms. (verify — no statutory foreclosure-threshold analog to California § 5720 exists.)
Non-condo HOAs: there is no Arkansas statute creating an assessment lien or foreclosure remedy. The lien, its priority, and whether foreclosure is judicial or nonjudicial depend entirely on the recorded declaration (https://www.hopb.co/arkansas). Flag this gap.
Arkansas is not a "super-lien" state: an HOA/condo assessment lien does not prime a prior recorded first mortgage, and a lender's foreclosure generally extinguishes the association's claim without paying unpaid assessments. (verify for a specific lien.)
Improvement districts (§§ 14-92-101 et seq.) are different: their assessments are levied as a tax that is a lien with preference over other demands from the time levied, enforced by foreclosure suits (Ark. Code § 14-92-228) (https://law.justia.com/codes/arkansas/title-14/subtitle-5/chapter-92/subchapter-2/).

Records access

No HOA-specific records-access statute (no fixed 10-/30-day production timelines or copying-cost caps like California's). For incorporated HOAs, member inspection rights come from the Nonprofit Corporation Act.
Records a nonprofit corporation must keep: minutes of member and board meetings, records of actions taken without a meeting, appropriate accounting records, and a membership list (Ark. Code § 4-33-1601). (verify exact enumeration.)
Member inspection: a member may inspect and copy specified corporate records at the principal office during regular business hours on at least 5 business days' written demand, and other records on a proper-purpose demand (Ark. Code § 4-33-1602). (verify — mirrors the business-corporation provision § 4-27-1602; confirm the nonprofit text.)
The corporation must also furnish members its latest annual financial statements on request (Ark. Code § 4-33-1620). (verify section.)
A member denied inspection may seek court-ordered inspection, with the corporation potentially liable for costs (Ark. Code §§ 4-33-1603, 4-33-1604). (verify.)

Reserves & budgets

No Arkansas statute requires HOAs to prepare an annual budget, fund reserves, conduct a reserve study, or disclose a reserve funding plan — a major gap versus California's reserve-study and budget-report mandates. Any budgeting/reserve obligation is only what the declaration or bylaws impose.
For incorporated associations, the only related duty is keeping appropriate accounting records (Ark. Code § 4-33-1601) and providing annual financial statements on request (Ark. Code § 4-33-1620). (verify section.)
There is no Arkansas balcony/elevated-element (SB 326-type) inspection law for condominiums. (verify — none found.)

Architectural control

No Arkansas statute governs HOA architectural review — there is no mandated "fair, reasonable, good-faith" procedure, no required written-decision or appeal right, and no approval-timeline default (contrast California § 4765).
Architectural-control authority, the review standards, and any approval deadline exist only if and as the recorded declaration provides; flag this gap.
Arkansas courts will enforce architectural covenants that are clear and reasonable but resolve ambiguities in favor of the unrestricted use of property. (verify — general covenant case law, not a statute.)

Protected activities (what an HOA generally cannot prohibit)

Solar energy: Arkansas has no HOA solar-access statute that overrides covenants restricting rooftop solar. (The "Solar Access Act"/net-metering and power-purchase reforms, e.g., Act of 2019 (SB 145), address utility net metering and third-party PPAs, not HOA architectural restrictions.) An HOA's ability to restrict panels therefore turns on its declaration. (verify — no HOA-specific solar-rights statute found; contrast California § 714.)
U.S. flag: no Arkansas state flag-display statute; owners are protected only by the federal Freedom to Display the American Flag Act of 2005 (4 U.S.C. § 5), subject to reasonable time/place/manner rules (and note that federal Act has no private enforcement mechanism) (https://www.hopb.co/freedom-to-display-the-american-flag-act).
Satellite dishes/antennas: protected by the federal FCC OTARD rule (47 C.F.R. § 1.4000), not a state statute.
EV charging, clotheslines, drought-tolerant landscaping, political signs, ADUs, personal agriculture, religious door displays: Arkansas has no HOA-specific statutes protecting these; they are governed solely by the declaration — flag these gaps. (verify — none found.)

Fair housing & assistance animals

The Arkansas Fair Housing Act, Ark. Code §§ 16-123-201 et seq., and the federal Fair Housing Act prohibit housing discrimination by associations, including on the basis of disability (definitions § 16-123-302; exemptions § 16-123-306; sale/rental § 16-123-310; disability § 16-123-314) (https://www.hopb.co/arkansas).
Associations must make reasonable accommodations in rules and practices when necessary to afford a person with a disability equal use and enjoyment of a dwelling — including allowing service and assistance/emotional-support animals notwithstanding a "no pets" or breed/size rule (Ark. Code § 16-123-314; federal FHA). (verify — Arkansas tracks federal FHA standards; the state Act does not add a separate assistance-animal section.)
Reliable documentation of a disability-related need may be requested where the disability or need is not obvious. (verify — HUD guidance standard, not an Arkansas statute.)

Required disclosures

No Arkansas HOA resale/transfer disclosure statute. There is no state law requiring the association to deliver a governing-documents/assessment/reserve package to a buyer, and no capped-fee resale-certificate regime (contrast California §§ 4525, 4530) — flag this gap.
Condos: the master deed/declaration and bylaws are recorded, so a buyer's principal disclosure is via the recorded documents and title search (Horizontal Property Act, §§ 18-13-104 to 18-13-108). (verify section span.)
Arkansas's general real-estate seller property-disclosure practices are not HOA-specific and do not compel HOA financial disclosures. (verify.)

Dispute resolution

No Arkansas statute requires HOA internal dispute resolution (IDR) or pre-litigation ADR/mediation — nothing analogous to California's mandatory "meet-and-confer" (§ 5900) or Request-for-Resolution/ADR prerequisite (§ 5930). Any dispute procedure exists only if the declaration/bylaws create one — flag this gap.
Covenant-enforcement and assessment disputes are resolved by ordinary civil litigation in Arkansas circuit court, subject to the declaration's attorney-fee terms. (verify.)
Fair-housing complaints may be filed with the Arkansas Fair Housing Commission (Ark. Code §§ 16-123-201 et seq.) or HUD, outside the HOA process. (verify commission's current jurisdiction.)

Recent changes (2023–2026)

Act 516 of 2025 (SB 323) substantially amended the Horizontal Property Act (condos): new/updated definitions ("common elements," "declarant," "development rights"), more detailed master-deed requirements (maximum unit count, voting allocations, amendment methods), and expanded declarant rights (including use of purchaser deposits for construction under conditions). The changes apply to horizontal property regimes established on or after September 1, 2025 (https://arkleg.state.ar.us/Home/FTPDocument?path=/ACTS/2025R/Public/ACT516.pdf ; https://legiscan.com/AR/bill/SB323/2025). (verify specific amended section numbers and effective date.)
No general HOA reform (fine caps, reserve mandates, open-meeting or records-access rules, solar/EV/flag protections, resale-disclosure or ADR requirements) has been enacted in Arkansas as of this research — the non-condo HOA statutory gap remains. (verify — no such Act found for 2023–2026.)

Sources

Arkansas Horizontal Property Act, Title 18, Ch. 13 (§§ 18-13-101–18-13-120) — https://law.justia.com/codes/arkansas/title-18/subtitle-2/chapter-13/ ; § 18-13-116 (liability for expenses/assessments, priority on sale) — https://law.justia.com/codes/arkansas/title-18/subtitle-2/chapter-13/section-18-13-116/ ; § 18-13-116 text via FindLaw — https://codes.findlaw.com/ar/title-18-property/ar-code-sect-18-13-116/
Arkansas Nonprofit Corporation Act of 1993, Title 4, Ch. 33 (§§ 4-33-101–4-33-1707) — https://law.justia.com/codes/arkansas/title-4/subtitle-3/chapter-33/ ; meeting notice § 4-33-705 — https://codes.findlaw.com/ar/title-4-business-and-commercial-law/ar-code-sect-4-33-705.html
Suburban Improvement Districts, Title 14, Ch. 92 (§§ 14-92-101 et seq.; tax lien § 14-92-228) — https://law.justia.com/codes/arkansas/title-14/subtitle-5/chapter-92/ ; https://law.justia.com/codes/arkansas/title-14/subtitle-5/chapter-92/subchapter-2/
Arkansas Fair Housing Act, §§ 16-123-201 et seq. (incl. § 16-123-314 disability) — cited via Homeowners Protection Bureau AR overview — https://www.hopb.co/arkansas
Homeowners Protection Bureau — Arkansas HOA laws overview (governing statutes, citations) — https://www.hopb.co/arkansas ; Horizontal Property Act page — https://www.hopb.co/arkansas-horizontal-property-act-title-18-subtitle-2-chapter-13
Federal Freedom to Display the American Flag Act (4 U.S.C. § 5) — https://www.hopb.co/freedom-to-display-the-american-flag-act
Act 516 of 2025 / SB 323 (condo law overhaul) — https://arkleg.state.ar.us/Home/FTPDocument?path=/ACTS/2025R/Public/ACT516.pdf ; https://legiscan.com/AR/bill/SB323/2025
General Arkansas HOA references — https://www.steadily.com/blog/arkansas-hoa-laws-regulations ; https://ipropertymanagement.com/laws/arkansas-hoa-rules-regulations

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Frequently asked questions

What laws govern HOAs in Arkansas?

Arkansas has no comprehensive HOA/common-interest-community statute. Unlike California's Davis-Stirling Act, there is no single code chapter governing planned-community homeowners' associations. Non-condominium HOAs are governed primarily by their recorded declaration (CC&Rs), bylaws, and plat, supplemented by general corporate law (https://www.hopb.co/arkansas). - Condominiums / horizontal property regimes are governed by the Arkansas Horizontal Property Act, Ark.

Can a Arkansas HOA fine a homeowner, and what process is required?

No Arkansas statute authorizes or regulates HOA fines. There is no state-law fine cap, no mandatory hearing/due-process procedure, and no statutory notice period (contrast California's $100 cap and hearing rules). Any authority to fine, and any procedure, must come from the recorded declaration or duly adopted rules — flag this gap.

What are the board meeting and notice rules for Arkansas HOAs?

No HOA-specific open-meeting or agenda law. Arkansas has no statute requiring HOA board meetings to be open to members, posted with an agenda, or minuted on a fixed timeline — a significant gap versus California's Open Meeting Act. Board-meeting access is whatever the bylaws provide. - For associations that are nonprofit corporations, member (not board) meetings follow the Nonprofit Corporation Act: an annual members' meeting may be required by the bylaws (Ark.

What HOA records can Arkansas homeowners inspect?

No HOA-specific records-access statute (no fixed 10-/30-day production timelines or copying-cost caps like California's). For incorporated HOAs, member inspection rights come from the Nonprofit Corporation Act. - Records a nonprofit corporation must keep: minutes of member and board meetings, records of actions taken without a meeting, appropriate accounting records, and a membership list (Ark. Code § 4-33-1601).

When can a Arkansas HOA place a lien or foreclose over unpaid assessments?

Condos (Horizontal Property Act): co-owners must contribute pro rata to common-expense assessments computed under Ark. Code § 18-13-112, and § 18-13-116 makes unpaid assessments a charge that must be paid out of the sale price (or by the acquirer) in preference over other charges, except recorded taxes and mortgages, with the purchaser jointly and severally liable with the seller for pre-conveyance amounts (Ark.

Does HOA software make a Arkansas board automatically compliant?

No. Compliance is the board's legal responsibility, guided by your association's attorney. Software like Grihak lowers effort and error by turning requirements into default workflows — noticed agendas, recorded votes, auto-generated minutes, documented violation hearings, permissioned document access, and a timestamped dues ledger — but it supports compliance rather than guaranteeing it.