Arkansas has no comprehensive HOA act, so a property owners' association's power to assess, lien, and foreclose comes almost entirely from its recorded declaration (CC&Rs), not from statute. The Horizontal Property Act (Ark. Code § 18-13-116) addresses condominium expense liability but creates no automatic foreclosure-ready assessment lien.
No general statute gives Arkansas HOAs an automatic assessment lien or a statutory foreclosure path; that authority must be written into the recorded declaration and is enforced as a contract. For condominiums, Ark. Code § 18-13-116 makes co-owners liable pro rata for common expenses and provides only that at a sale 'all unpaid assessments against a co-owner...shall first be paid out of the sales price,' ranking behind taxes and 'payments due under mortgage instruments.' Because Arkansas is not a 'super-lien' state, a first-mortgage foreclosure generally wipes out the association's assessment claim. The buyer 'shall be jointly and severally liable with the seller' for amounts owed up to conveyance.
No specific statutory penalty. A delinquent owner faces only the remedies the recorded declaration allows — late fees, interest, collection costs, attorney fees, and judicial foreclosure of a contractual lien if the CC&Rs create one. There is no statutory cap or statutory foreclosure trigger.
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