Arkansas is unusual in one specific way: its main HOA-related statute, the Horizontal Property Act, is opt-in. A community is only governed by the Act if its developer recorded a master deed expressly choosing to submit the property to the regime. That single fact changes how everything else works. A licensed Arkansas attorney is the right resource for how the law applies to your specific community.
The full Arkansas stack typically includes:
- Arkansas Horizontal Property Act, Ark. Code §§ 18-13-101 to 18-13-120 — primarily the condominium-style statute, applicable to communities that elected to be governed by it via a recorded master deed (§ 18-13-103).
- Arkansas Nonprofit Corporation Act of 1993, Ark. Code § 4-33-101 et seq. — the entity law for HOAs incorporated as nonprofits after December 31, 1993, and for older nonprofits that amended their articles to elect in (§ 4-33-1701).
- The recorded governing documents — the declaration / master deed, bylaws, and rules. For non-HPA communities, these do most of the work.
- Federal law — Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, Flag Act.
The recorded master deed is the first thing to look at, because it tells you whether your community is under the HPA — see Did Your HOA Opt In to the Horizontal Property Act? and Which Arkansas Laws Govern Your HOA or Condo?.
How the HPA gets in
Section 18-13-103 explains how a community comes under the Act:
Under Ark. Code § 18-13-103(a), a horizontal property regime "may be created under this chapter only by recording a master deed," and § 18-13-103(b) requires that master deed to be recorded in each county where the property is located, "stating the particulars enumerated in § 18-13-104." (Act 516 of 2025 rewrote this section; regimes organized before September 1, 2025 were created under the earlier wording, which likewise turned on recording a master deed.)
If no master deed was recorded electing the HPA, your community is governed by the declaration / covenants, the Nonprofit Corporation Act of 1993, and general Arkansas contract and property law — not the HPA.
Assessments
For communities under the HPA, § 18-13-116 addresses liability for expenses and assessments and provides that a buyer is jointly and severally liable with the seller for amounts owed at conveyance. See Can an Arkansas HOA Foreclose Over Unpaid Dues?.
Records, fines, and meetings
The HPA is concise. It does not lay out a detailed fining procedure, modern open-meeting rules, or a defined records-access timeline. For HOAs incorporated as nonprofits and covered by it, the Nonprofit Corporation Act of 1993 supplies member meeting rules, voting, and standards of conduct for directors, who must act "in good faith" (§ 4-33-830(a)). Its member inspection right is narrow: the list of members entitled to notice of a members' meeting "must be available for inspection by any member for the purpose of communication with other members concerning the meeting" (§ 4-33-720(b)). HOAs incorporated before 1994 that never elected into the 1993 Act remain under the older 1963 Act, which provides that "All books and records of a corporation may be inspected by any member for any proper purpose at any reasonable time" (§ 4-28-218(e)). In an HPA regime, the book of receipts and expenditures is open to co-owners "at convenient hours on working days that shall be set and announced for general knowledge" (§ 18-13-110(b)). See Getting Your HOA's Records in Arkansas and Fighting an HOA Fine in Arkansas.
Frequently asked questions
Does the Horizontal Property Act apply to my Arkansas HOA?
Only if the developer expressly elected into it by recording a master deed referencing § 18-13-103. Many single-family HOAs in Arkansas are not under the HPA and instead operate under the declaration and the Nonprofit Corporation Act.
Where do my records-access rights come from?
Mostly from the governing documents. The Nonprofit Corporation Act of 1993 has no general records-inspection section; its member inspection right covers the membership list around a members' meeting (§ 4-33-720). Nonprofits incorporated before 1994 that never elected into the 1993 Act stay under the 1963 Act, which lets members inspect books and records for any proper purpose at any reasonable time (§ 4-28-218(e)). In HPA regimes, co-owners can examine the book of receipts and expenditures at announced hours on working days (§ 18-13-110(b)).
Is there a statutory cap on HOA fines in Arkansas?
No. Fine authority comes from the declaration and bylaws. Where the Nonprofit Corporation Act of 1993 applies, directors must act in good faith and with ordinary care (§ 4-33-830(a)), and suspending or expelling a member requires a fair and reasonable procedure (§ 4-33-621).