Start with the basics. After the next page, you can submit right away or
add more detail if you have documents and roster information ready.
Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (bills of assurance)
Arkansas has not enacted a comprehensive planned-community or common-interest-ownership statute, so a subdivision HOA is governed mainly by its recorded bill of assurance (the Arkansas term for a declaration of restrictive covenants) and, if incorporated, by the Arkansas Nonprofit Corporation Act of 1993 (Ark. Code Ann. §§ 4-33-101 et seq.). A restrictive covenant generally must be signed by the owners and recorded with the county recorder to be effective (Ark. Code Ann. § 18-12-103). Because there is no statutory default, the recorded bill of assurance generally controls who may vote, the approval percentage, and how the covenants can be amended.
Condominiums (Horizontal Property Act)
Arkansas condominiums are generally created and governed under the Horizontal Property Act (Ark. Code Ann. §§ 18-13-101 et seq.) through a recorded master deed and bylaws (Ark. Code Ann. §§ 18-13-104, 18-13-108). The Act generally lets co-owners representing two-thirds (2/3) of the building's value modify the system of administration, recorded like the master deed (Ark. Code Ann. § 18-13-109), while waiving or dissolving the regime generally requires all co-owners plus any lienholders (Ark. Code Ann. § 18-13-107). For routine matters the bylaws often let a majority (the Act references 51% of value) decide.
How the vote can run
Most Arkansas associations are nonprofit corporations, so member voting generally follows the Nonprofit Corporation Act of 1993. Action can be taken at a meeting or, without a meeting, by written ballot delivered to every member entitled to vote (Ark. Code Ann. § 4-33-708), and ballots and proxy appointments may generally be delivered by electronic means such as email (Ark. Code Ann. §§ 4-33-708, 4-33-724). A ballot measure generally passes only if returns meet the quorum and the approval percentage that would apply at a meeting, so notice, ballot wording, and an accurate owner roster matter.
Before we quote
Arkansas details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Arkansas vote has to answer.
No statewide planned-community or HOA act — a subdivision's recorded bill of assurance (declaration) generally controls the amendment threshold and voting rules (Ark. Code Ann. § 18-12-103).
Condominiums follow the Horizontal Property Act; the recorded master deed and bylaws generally set unit percentages and meeting and voting rules (Ark. Code Ann. §§ 18-13-104, 18-13-108).
A condominium change to the system of administration generally needs co-owners representing two-thirds (2/3) of the building's value (Ark. Code Ann. § 18-13-109).
Waiving or dissolving a condominium regime generally requires every co-owner, plus consent of any lender holding a lien (Ark. Code Ann. § 18-13-107).
Most associations are Arkansas nonprofit corporations, so member votes generally follow the Nonprofit Corporation Act of 1993 (Ark. Code Ann. §§ 4-33-101 et seq.).
Written ballots without a meeting are generally allowed and may be delivered and returned electronically, but must meet the same quorum and approval percentage as a meeting (Ark. Code Ann. § 4-33-708).
Proxy voting is generally allowed unless the governing documents limit it, and appointments can be electronic and are time-limited (Ark. Code Ann. § 4-33-724).
To take effect, an amendment generally must be signed by the required owners and recorded with the county recorder or circuit clerk, and no state agency approves HOA or condominium amendments in Arkansas.
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