Arkansas HOA Limits: Solar & Flags

Arkansas has no solar-rights law limiting homeowners' associations: despite a 'Solar Access Act' nickname for net-metering legislation, no Arkansas statute stops an HOA from restricting or banning rooftop solar, so the recorded CC&Rs control. Arkansas also has no state statute protecting flag, sign, or antenna display from HOA rules. Flag display is instead protected federally: the Freedom to Display the American Flag Act of 2005 (4 U.S.C. § 5) provides that a 'condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy...that would restrict or prevent a member...from displaying the flag of the United States,' subject only to reasonable time/place/manner rules. Satellite dishes are separately covered by the FCC's federal OTARD rule.

No specific statutory penalty. On solar, an Arkansas HOA's covenant restrictions are enforceable because no state law preempts them. On flags, the federal Act has no private enforcement mechanism or damages provision, though an owner may seek a declaratory judgment that a flag ban is void.