Fines & PenaltiesAR
Fighting an HOA Fine in Arkansas: What Governs the Power
By The HOARebel Team · May 28, 2026 · 3 min read
A fine from an Arkansas association can feel non-negotiable, but the fine power isn't unlimited. Because Arkansas's Horizontal Property Act is concise and opt-in, the rules that actually constrain fines mostly live in the documents and in general corporate law. For your specific situation, a licensed Arkansas attorney is the right resource. This is general information, not legal advice.
No statutory cap
Arkansas does not impose a statutory dollar cap on HOA fines. The Horizontal Property Act, where it applies, does not lay out a uniform fining procedure either. So the authority to fine — and any limit on it — comes primarily from:
- The recorded declaration / master deed and bylaws — the ceiling on what the association can regulate and how
- Any properly adopted rules — assuming they were adopted under the procedure the bylaws require
- The Arkansas Nonprofit Corporation Act of 1993 (Ark. Code § 4-33) — board fiduciary duties for incorporated HOAs (most are)
The Nonprofit Corporation Act expects directors to act in good faith, with care, and in the corporation's best interest. Arbitrary or retaliatory fines can implicate those duties.
Where the leverage usually is
Homeowners and attorneys tend to focus on the documents and the board's conduct:
- Is the fine authorized at all? A fine has to trace back to a specific provision in the declaration / master deed, bylaws, or a validly adopted rule. People commonly request the adopted fine schedule in writing to confirm what was authorized.
- Did the board follow its own process? Many governing documents require notice of the alleged violation and an opportunity to be heard before a fine is imposed. A board that ignores its own procedure has a problem regardless of state law.
- Is the board acting in good faith? The Nonprofit Corporation Act sets fiduciary expectations; an arbitrary or retaliatory fine can implicate them.
- Does the HPA even apply? If the developer never recorded a master deed under § 18-13-103, the HPA is irrelevant — your analysis happens entirely in the documents and the Nonprofit Corporation Act. See Did Your HOA Opt In to the Horizontal Property Act?.
Selective enforcement
A fine can be vulnerable not because the rule is invalid, but because of how it's enforced. When the association cites one owner while ignoring identical conduct elsewhere, that uneven enforcement can raise a selective enforcement argument. Arkansas treats covenants as agreements among owners; courts considering selective-enforcement arguments have looked at whether other comparable violations exist and whether one owner is being singled out.
Owners commonly document neighbors with the same condition who were never fined — photos, dates, and addresses.
Records help build the picture
For incorporated HOAs, the Nonprofit Corporation Act's records framework can reach the documents behind a fine — the adopted rule, the fine schedule, and the minutes showing how (or whether) the rule was passed.
Federal overlays
Federal law can also defeat a fine that conflicts with it — for example the Fair Housing Act (disability accommodations, familial status), OTARD (satellite antennas), or the Freedom to Display the American Flag Act.
Where this can go
If a fine cannot be resolved with the board, the avenues include the association's records, the courts (where covenants are enforced as contracts), and a licensed Arkansas attorney to evaluate whether a particular fine is authorized and properly imposed.
Sources
Free tool
Is your fine actually valid?
Answer a few questions about your notice and see how it compares to what Arkansas's law requires before an association can fine you — free, with the statute quoted for each step.