How to Dispute an HOA Violation in Arkansas

HOA Law in Arkansas

Arkansas has relatively limited statutory regulation of homeowners associations. The Arkansas Horizontal Property Act (Ark. Code §18-13-101 et seq.) primarily addresses condominiums, while planned community HOAs are largely governed by their private CC&Rs and bylaws. This means that the specific rules and enforcement procedures in your community depend heavily on how the governing documents were drafted by the original developer.

Because there is no comprehensive HOA statute in Arkansas comparable to those in states like Florida or Colorado, the CC&Rs function essentially as a private contract between the homeowner and the association. Arkansas courts will generally enforce these covenants as written, but they have also held that any ambiguity in the documents should be construed in favor of the homeowner and against restrictions on property use.

Homeowners in Arkansas facing a dispute with their HOA should start by thoroughly reviewing their governing documents. Pay particular attention to the notice requirements, hearing procedures, and fine schedules outlined in the CC&Rs. If the board is not following its own procedures, that is often the strongest basis for challenging a violation. Arkansas law also requires that enforcement be applied consistently — the board cannot single out one homeowner while ignoring the same violation by others.