Arkansas HOA Laws 2026: Property Owners Association Act (Ark. Code § 18-13-101)

Arkansas enacted the Property Owners Association Act (Ark. Code §§ 18-13-101 through 18-13-125) to provide a governance framework for planned community associations. Arkansas condominiums are governed under the Arkansas Horizontal Property Act (Ark. Code §§ 18-13-201 et seq.). Arkansas is a moderate-regulation state — the POA Act establishes baseline requirements, but much of the detailed governance comes from the CC&Rs and bylaws.

Arkansas Property Owners Association Act: Coverage

The Arkansas POA Act applies to all property owners associations (HOAs) with a recorded declaration in Arkansas. It establishes: the right of owners to attend board meetings, the right to inspect records, required notice before enforcement actions, and the right to appeal board decisions. The Act is less detailed than modern UCIOA-based statutes but more protective than purely CC&R-based states.

Enforcement and Notice Requirements

Ark. Code § 18-13-116 requires that before imposing a fine, the association must provide written notice of the alleged violation identifying the specific rule violated. The owner must be given at least 10 days to cure the violation. If not cured, the owner has the right to request a hearing before the board. Arkansas does not set a statewide fine cap — fine amounts are set by the governing documents.

Record Access Rights

Arkansas POA Act § 18-13-113 gives members the right to inspect the association's financial records, meeting minutes, and governing documents within a reasonable time of written request. The association may charge a reasonable copying fee. Boards that fail to respond to record requests within a reasonable time risk liability under the statute.

Assessment Liens in Arkansas

Arkansas POA Act § 18-13-106 grants a statutory lien for unpaid assessments. The lien is created when assessments become delinquent and must be recorded in the county circuit court clerk's office. Arkansas allows judicial foreclosure of HOA assessment liens. The association must provide written notice of delinquency before recording a lien.

Board Elections and Governance

Arkansas POA Act requires annual meetings with proper notice to all members. Board elections must be conducted per the bylaws. Members in good standing (current on assessments) may vote and run for the board. Arkansas does not mandate secret ballots by statute — the election method is set by the bylaws.

• Follow the Arkansas POA Act for enforcement notice and hearing procedures
• Record assessment liens in the county circuit court clerk's office
• Respond to record inspection requests within a reasonable time (best practice: 10 business days)
• Adopt an annual budget and distribute it to all members before the fiscal year
• Keep meeting minutes and financial records for at least 5 years
• Conduct elections per the procedures in your bylaws