Ark. Code Ann. » Title 18 Chapter 13
Arkansas Code Annotated

Ark. Code Ann. § 18-13-108 (2020)

Bylaws

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  1. The administration of every building constituted into horizontal property shall be governed by bylaws which shall be inserted in, or appended to, and recorded with the master deed.
  2. The bylaws must necessarily provide for at least the following:
    1. Form of administration, indicating whether this shall be in charge of an administrator or of a board of administration, or otherwise, and specifying the powers, manner of removal, and, where proper, the compensation thereof;
    2. Method of calling or summoning the co-owners to assemble, that a majority of at least fifty-one percent (51%) is required to adopt decisions, who is to preside over the meeting, and who will keep the minute book wherein the resolutions shall be recorded;
    3. Care, upkeep, and surveillance of the building and its general or limited common elements and services;
    4. Manner of collecting from the co-owners for the payment of the common expenses; and
    5. Designation and dismissal of the personnel necessary for the works and the general or limited common services of the building.

History. Acts 1961 (1st Ex. Sess.), No. 60, §§ 14, 15; A.S.A. 1947, §§ 50-1014, 50-1015.

Case Notes

Attorney's Fees.

Although not doing so expressly, the legislature authorized horizontal property regimes to collect attorney's fees under the bylaws in this section by authorizing the collection of “any other expense lawfully agreed upon” in § 18-13-116. Damron v. University Estates, Phase II, Inc., 295 Ark. 533, 750 S.W.2d 402 (1988).

Duty.

Trial court erred in granting a property owners association summary judgment in a licensee's action alleging that the association was negligent in its installation and maintenance of a balcony railing because the association contractually promised or voluntarily agreed to repair and maintain the common areas. The association's undertaking of the duty to repair triggered fact questions as to whether it exercised reasonable care to perform its assumed duty. Lloyd v. Pier W. Prop. Owners Ass'n, 2015 Ark. App. 487 (2015).

Notes of Decisions
Cited in 2 cases, 1988–2015 · leading case: Damron v. Univ. Estates, 750 S.W.2d 402 (Ark. 1988).
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Damron v. Univ. Estates, 750 S.W.2d 402 (Ark. 1988). · cites it 4× “(§ 18-13-108(a)). Arkansas Code Ann. § 18-13-108(b) sets out the minimum provisions of the bylaws, and subsection (b)(4) specifically requires the bylaws to provide *404 for the manner of collecting from the "co-owners" for the costs of the common expenses.”
Lloyd v. Pier West Prop. Owners Ass'n, 2015 Ark. App. 487, 470 S.W.3d 293. · cites it 2× “We must also conclude, therefore, that the trial court |serred in granting defendants’ motion for summary judgment based upon- the argument that defendants owed no duty to plaintiff.”
Ark. Code Ann. § 18-13-108(a): 1 case
Damron v. Univ. Estates, 750 S.W.2d 402 (Ark. 1988). “(§ 18-13-108(a)). Arkansas Code Ann. § 18-13-108(b) sets out the minimum provisions of the bylaws, and subsection (b)(4) specifically requires the bylaws to provide *404 for the manner of collecting from the "co-owners" for the costs of the common expenses.”
Ark. Code Ann. § 18-13-108(b): 1 case
Damron v. Univ. Estates, 750 S.W.2d 402 (Ark. 1988). “(§ 18-13-108(a)). Arkansas Code Ann. § 18-13-108(b) sets out the minimum provisions of the bylaws, and subsection (b)(4) specifically requires the bylaws to provide *404 for the manner of collecting from the "co-owners" for the costs of the common expenses.”
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