Which Arkansas Laws Govern Your HOA or Condo?

Before you can hold an Arkansas association to the law, it helps to know which law applies — and Arkansas is unusual in that its main HOA-related statute is opt-in, not automatic. For your specific situation, a licensed Arkansas attorney is the right resource. This is general information, not legal advice.

The threshold question: did your community opt in?

Arkansas's primary HOA-related statute is the Horizontal Property Act, Ark. Code §§ 18-13-101 to 18-13-120. Under § 18-13-103, a community is only governed by the HPA if the developer (sole owner or co-owners) recorded a master deed expressly electing to submit the property to the regime. If that master deed wasn't recorded, your community is not under the HPA — full stop.

In practice, that means the HPA primarily governs condominiums and some master-planned developments that opted in. Many single-family HOAs in Arkansas operate outside the HPA, relying on their declaration and the Nonprofit Corporation Act.

See Did Your HOA Opt In to the Horizontal Property Act? for what to look for in the recorded documents.

The Arkansas stack

A homeowner's rights typically come from several sources at once:

• Arkansas Horizontal Property Act, Ark. Code §§ 18-13-101 to 18-13-120 — primarily a condominium / opt-in statute.
• 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. This typically does a lot of the day-to-day work in Arkansas because the HPA is concise.
• The recorded governing documents — the declaration / master deed, bylaws, and rules.
• Federal law — Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, Flag Act.

What the HPA covers (when it applies)

The HPA is concise. Key provisions include:

• § 18-13-103 — establishment of a horizontal property regime through a recorded master deed
• § 18-13-104 — required contents of the master deed
• § 18-13-116 — liability for expenses and assessments (joint and several liability of buyer and seller at conveyance)
• § 18-13-117 — insurance

What the older HPA does not lay out in detail: a comprehensive fining procedure, modern open-meeting rules, or a defined records-access timeline. Those gaps are filled by the declaration / master deed and (for incorporated HOAs) the Nonprofit Corporation Act — except where the 2025 update below now reaches.

A 2025 update: Act 516

In 2025 Arkansas enacted Act 516 (SB 323), which amended the Horizontal Property Act — modernizing its definitions and adding provisions on member and board meetings, proxies, ballots, notices, and director and officer duties. It applies to horizontal property regimes established on or after September 1, 2025, and existing regimes may opt in by amending their master deed. For communities it reaches, Act 516 fills in some of the meeting- and governance-detail gaps the older HPA left to the documents — so it is worth confirming whether your regime is covered before assuming the HPA is silent on a procedure.

When the HPA doesn't apply

For Arkansas HOAs that didn't opt in, the framework is:

• The recorded covenants / declaration — the main source of rights and obligations
• The Nonprofit Corporation Act of 1993 — the entity law if incorporated as a nonprofit
• General Arkansas contract and property law — covenants enforced as agreements among owners

The full Arkansas stack

Putting it together:

1. The governing documents — the recorded declaration / master deed, bylaws, and rules
2. The property statute — the HPA (if opted in), or nothing at the property-statute layer
3. The entity law — the Nonprofit Corporation Act of 1993 if incorporated
4. Federal law — FHA, ADA, SCRA, OTARD, Flag Act

Because the right combination depends on whether your community opted in and how it's organized, a licensed Arkansas attorney is the foundation for any specific question — from records to fines to the assessment lien.

Sources

• Ark. Code § 18-13-103 — Establishment of horizontal property regimes (Justia)
• Ark. Code §§ 18-13-101 to 18-13-120 — Horizontal Property Act (chapter)
• Ark. Code § 4-33 — Nonprofit Corporation Act of 1993 (overview)
• Act 516 of 2025 (SB 323) — amendments to the Horizontal Property Act