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.
- 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, "there shall be established a horizontal property regime" whenever a sole owner or the co-owners expressly declare, by recording a master deed setting forth the particulars enumerated in § 18-13-104, their desire to submit the property to the regime.
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 — which is most — the Nonprofit Corporation Act of 1993 supplies member meeting rules, voting, board fiduciary duties, and member rights to inspect corporate records. 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?
For incorporated HOAs, the Nonprofit Corporation Act of 1993 supplies member inspection rights. The HPA itself does not impose a detailed records-access framework.
Is there a statutory cap on HOA fines in Arkansas?
No. Fine authority comes from the declaration and bylaws, with fiduciary duties under the Nonprofit Corporation Act as a backstop.