Arkansas CC&R Covenant Enforcement

An Arkansas HOA's authority to enforce use restrictions and architectural-review standards comes from its recorded CC&Rs. Ark. Code § 18-12-103 provides that an instrument creating a restrictive covenant 'is not effective to restrict the use or development of real property unless' it is 'executed by the owners of the real property' and 'recorded in the office of the recorder of the county.' Beyond recording, enforcement is governed by Arkansas common law: covenants run with the land and bind successors with notice, but courts strictly construe restrictions and resolve doubts in favor of the unrestricted use of property. Architectural-approval clauses are enforced as written, and an association generally must act reasonably and consistently or risk waiver and selective-enforcement defenses.

No specific statutory penalty. Remedies are those the declaration provides plus common-law contract and injunctive relief — a court may order compliance (e.g., removal of a non-conforming structure) or award damages, but an unrecorded or ambiguous covenant may be unenforceable.