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HB1453

To Amend The Horizontal Property Act; And To Regulate Property Owners' Associations.

Introduced

Last Action (Feb. 11, 2025): WITHDRAWN BY AUTHOR

Sponsors

AI-Generated Summary

House Bill 1453 amends the Arkansas Horizontal Property Act to update definitions and increase oversight of property owners' associations (POAs). It explicitly defines 'property owners' association' and incorporates these entities into various administrative sections of the law. The bill mandates that bylaws must specify processes for establishing or changing fee structures and assessments. It enhances transparency by requiring administrators to submit annual financial reports to co-owners and ensuring that financial records are accessible for examination during business days. Additionally, the bill subjects POAs to potential audits by the Arkansas Legislative Audit if they receive state funding or perform services typically handled by local governments. Finally, it allows for legislative audits of such associations upon approval by the Legislative Joint Auditing Committee.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are individual property owners and members of property owners' associations who live under the jurisdiction of the Horizontal Property Act. These individuals stand to benefit from increased financial transparency, clearer governance procedures, and greater accountability for the boards or administrators managing their common properties, particularly through the new requirements for financial reporting and the potential for legislative audits.

Who Might Suffer?

The primary groups negatively impacted are the boards and administrators of property owners' associations. These entities will face increased administrative burdens, stricter record-keeping and reporting requirements, and potential exposure to state-level audits. Additionally, associations that were previously less formalized or lacked strict fee-adjustment protocols may incur legal or compliance costs to bring their bylaws and operating procedures into conformity with the new statutory requirements.

Read Full Bill on arkleg.state.ar.us