Pulaski County, AR HOA Rules: CC&R Enforcement (2026)

Section 7-7, titled "Abrogation and greater restrictions," sits in chapter 7's general provisions alongside § 7-8's instruction that every requirement of the flood damage prevention chapter be treated as a floor, not a ceiling: courts and the floodplain administrator must read chapter 7 as setting minimum requirements, construe it liberally in favor of the county, and never let it limit or repeal other powers the state has granted the county. Read together, those two sections mean a homeowners association's covenants restricting where or how high a structure may be built in a flood hazard area survive chapter 7 intact, and if the HOA's restriction is stricter than the county's two-foot freeboard or floodway rules, the HOA's rule is the one that applies on that lot.

The county still enforces its own floodplain permit and elevation requirements regardless of what a covenant says, through the floodplain administrator described in § 7-31 and the penalty provisions of § 7-11, which authorize cease-and-desist orders, citations, and a request that FEMA deny flood insurance to a non-compliant property. Nothing in § 7-7 gives the county authority to enforce a private CC&R directly, and nothing in a CC&R can excuse a property owner from chapter 7's own permit, elevation, or floodway requirements; the section only resolves which of two competing sets of building restrictions, county or private, wins when they overlap, and it always resolves in favor of whichever is more protective against flood damage.