Horizontal Property Act
Arkansas · Property · §§ 18-13-101 to 18-13-120 · 20 sections
Overview
The Horizontal Property Act governs condominium-style ownership, allowing a property to be divided into separately owned apartments held alongside common elements that belong to all owners in common and cannot be partitioned. A regime is created by recording a master deed or lease together with plot and building plans identifying each apartment, and the property is then administered by a council of co-owners under bylaws that set the system of administration, allocate common expenses, and back unpaid assessments with a lien enforceable against the apartment and its later purchasers. The act further covers insurance, repair or reconstruction after fire or other damage, separate tax assessment of individual apartments, termination of the regime through waiver and merger, and the conversion of rental units to condominiums, including the notices, purchase offers, and disclosures owed to existing tenants.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 5 court decisions.
Most-cited authority: 295 Ark. 533 - Damron v. University Estates, Phase II, Inc.
Sections covered
- Ark. Code Ann. § 18-13-101Title3 cites
- Ark. Code Ann. § 18-13-102Definitions
- Ark. Code Ann. § 18-13-103Establishment of horizontal property regimes
- Ark. Code Ann. § 18-13-104Master deed
- Ark. Code Ann. § 18-13-105Plans to be attached to master deed
- Ark. Code Ann. § 18-13-106Additional units in excess of those described in master deed
- Ark. Code Ann. § 18-13-107Waiver and reestablishment of regimes
- Ark. Code Ann. § 18-13-108Bylaws1 cite
- Ark. Code Ann. § 18-13-109Modification of administration
- Ark. Code Ann. § 18-13-110Book of receipts and expenditures — Examination
- Ark. Code Ann. § 18-13-111Status of individual units
- Ark. Code Ann. § 18-13-112Ownership and valuation of separate units and common elements
- Ark. Code Ann. § 18-13-113Types of joint ownership
- Ark. Code Ann. § 18-13-114Common elements
- Ark. Code Ann. § 18-13-115Conveyances
- Ark. Code Ann. § 18-13-116Liability for expenses and assessments1 cite
- Ark. Code Ann. § 18-13-117Insurance generally
- Ark. Code Ann. § 18-13-118Application of insurance proceeds to reconstruction
- Ark. Code Ann. § 18-13-119Sharing of reconstruction costs when building not insured or indemnity insufficient
- Ark. Code Ann. § 18-13-120Taxation
Enacted in other states
District of Columbia, Iowa, New Jersey, South Carolina, Tennessee
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