Arkansas Rules and Regulations of an Association of Owners of a Condominium Association

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Description

A condominium association is an association of unit owners in a condominium building. The association elects a board of directors, which handles the maintenance and repair of common areas, disputes among unit owners, and enforcement of rules and regulations, and condominium fees. The rules and regulations are normally adopted by the board of directors of the association.

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  • Preview Rules and Regulations of an Association of Owners of a Condominium Association
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FAQ

In Arkansas, HOAs are regulated by the Arkansas Horizontal Property Act found in Title 18 Chapter 13 of the Arkansas Code. This act applies to all planned communities for residential, commercial, or industrial use. Otherwise, governing documents regulate HOAs.

HOA rules don't override city ordinances. HOA communities must follow the rule of law within the city and cannot force residents to follow bylaws, rules, or regulations that contradict local city laws.

Filing an Official Complaint Residents may file a Condominium/Cooperative Complaint Form (PDF) directly with the Division of Florida Condominiums, Timeshares and Mobile Homes. Hardcopies of the form can be obtained by calling 1.800. 226.9101 or 850.488. 1122.

The laws of the land take precedence over all other HOA documents. State laws come before local laws, while federal laws outweigh everything else. Whether drafting your governing documents or deciding which one to follow, it's important always to check the law first.

In other words, HOA rules cannot override state or federal laws, nor can they contradict the city or county ordinances that govern the area in which the HOA is located.

For Texas associations, state laws are the only dedicatory instrument that outranks your Covenants, Conditions, and Restrictions (CC&Rs, your association's ?Boss Doc?).

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community.

A POA is not limited to the type of building or property owner that it governs. Whereas a HOA is about a community of the same type of properties, a POA is usually a mix of property types, including single family residences and businesses.

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Arkansas Rules and Regulations of an Association of Owners of a Condominium Association