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Are you the board member or manager of a property owners association in Arkansas? In that case, you will need to familiarize yourself with the relevant state laws.
Why is this important, you ask?
Well, understanding state legislation is essential for ensuring compliance. It helps to make educated decisions, enforce the guidelines set by the state, and avoid legal disputes.
State laws oversee the administration of an HOA, in addition to other topics, such as assessment collection, dispute resolution, and other important matters, protecting the HOA's interests and maintaining a harmonious community.
Firstly, What Are Property Owners Associations?
A homeowners' association (HOA) in Arkansas is a kind of private legal entity that oversees and regulates a residential community, most commonly a housing development or condominium. These organizations are responsible for enforcing rules and regulations, collecting dues, and maintaining common spaces.
By supervising architectural additions, resolving disputes, arranging community events, and maintaining shared amenities, they hope to preserve property values and improve communal living standards.
In addition to state, federal, and local laws, HOAs in Arkansas are also regulated by their own internal governing documents, which often include Articles of Incorporation, Bylaws, and Declaration of Covenants, Conditions, and Restrictions.
Arkansas HOA Laws and Regulations That Every Property Owners Association Leader Should Know About
Now that you understand the basics, let's move on to the state legislation found in the Arkansas Code that governs these entities.
Arkansas Horizontal Property Act: Applicable to Horizontal Property Regimes
The Horizontal Property Act oversees the establishment, administration, authority, and conduct of horizontal property regimes. An HOA must explicitly choose to be considered a horizontal property regime and be controlled by this law by filing a Master Deed or Declaration.
Arkansas Nonprofit Corporation Act of 1993: Applicable to Nonprofit Corporations
This law covers the organizational structure and procedures of nonprofit entities formed after the 31st of December 1993.
It governs associations that are incorporated as nonprofit corporations. HOAs created before the 31st of December 1993 are regulated by the Arkansas Nonprofit Corporation Act of 1963. To determine an HOA's corporate status, you can go to the Arkansas Secretary of State's website.
Arkansas Fair Housing Act
This legislation safeguards individuals' rights to equal access to housing opportunities, regardless of their religion, disability, ethnicity, color, national origin, gender, or familial status.
These laws are comparable to the federal Fair Housing Act (FHA) but offer protection at a state level. Housing discrimination victims can lodge a complaint with the HUD or the Arkansas Fair Housing Commission. They may also sue the offending HOA in federal or state court.
HOA Fines, Liens, and Foreclosure
In Arkansas, a homeowners or condominium association can punish a property owner for breaking its regulations.
Although no laws govern these charges, they usually vary from $20 to upwards of $500. Keep in mind that the amount charged will depend on the nature of the offense and the duration of non-conformance. More information will be included in the governing documents.
What HOAs May Not Impose Fines for
The truth is that there are certain things that homeowners associations in Arkansas are not allowed to prohibit or ban. The display of the US national flag, for example, may not be restricted. Community members are also allowed to install solar panels, antennas, and satellite dishes.
However, HOAs are permitted to include rules on how these items are to be placed.
What DoorLoop's HOA Management Software Can Do for You
If you are feeling a little overwhelmed when thinking about the laws we have just discussed, then you are not alone. The truth is that the prospect of conforming to state, federal, and local laws can be daunting, but it doesn't have to be.
What if we told you that there is a solution to your problem? With DoorLoop, you can schedule meetings, communicate with community members, complete important accounting tasks, and so much more!
To try DoorLoop out for yourself or learn more, contact us today to get a FREE demo!
The Bottom Line
The proper management of a homeowners association starts with a comprehensive understanding of Arkansas HOA laws. This article is a simple beginner's guide, so now that you know where to go, we recommend conducting additional studies to truly ensure that your HOA is compliant.
If you'd like to give our property management software a try, please get in touch with us.
FAQs
Can a homeowners association in Arkansas access a homeowner's private property?
There is no clause in Arkansas legislation that authorizes an association to enter the home of a unit owner.
However, the majority of governing agreements include a provision that allows the association permission to enter a homeowner's property as needed to maintain limited common elements restricted to those that form part of communal amenities.
Keep in mind that to provide limited common services, an HOA will need to provide the homeowner sufficient notice prior to entry.
Is it mandatory to join Arkansas HOAs?
The law does not make HOA membership mandatory, so this is left to each association to decide. Homeowners who move to an area governed by a voluntary HOA may decide whether or not they want to join, while those regulated by mandatory HOAs demand membership.
Are HOA governing documents considered public records in Arkansas?
Yes. HOA governing documents are considered public records, and homeowners associations are required to file these documents with the local county land records.
What powers do Arkansas HOAs have?
Community associations have the authority to regulate shared spaces and amenities, collect assessments to fund maintenance practices, impose fines for violations, and foreclose on a property if the owner has failed to pay their dues.
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