Liability for expenses and assessments

Ark. Code Ann. § 18-13-116 — under Horizontal Property Act.

Ark. Code Ann. § 18-13-116

(a) (1) The co-owners of an apartment or unit are bound to pay according to the percentages established by a master deed toward:(A) The expenses of administration and of maintenance and repair of the general common elements and the limited common elements of the building; and(B) Any other expense lawfully agreed upon.(2) (A) However, the administrator, board of administration, or other form of administration of a horizontal property regime may establish additional assessments to be collected from a co-owner who makes his or her apartment or unit available for rent or lease either directly or through an agent.(B) The additional assessments shall not exceed the amount reasonably calculated to cover expenses for additional security, wear and tear on buildings, additional trash pickup, and other additional costs occasioned by the apartment or unit being available for rent or lease.

(1) The co-owners of an apartment or unit are bound to pay according to the percentages established by a master deed toward:(A) The expenses of administration and of maintenance and repair of the general common elements and the limited common elements of the building; and(B) Any other expense lawfully agreed upon.

(A) The expenses of administration and of maintenance and repair of the general common elements and the limited common elements of the building; and

(B) Any other expense lawfully agreed upon.

(2) (A) However, the administrator, board of administration, or other form of administration of a horizontal property regime may establish additional assessments to be collected from a co-owner who makes his or her apartment or unit available for rent or lease either directly or through an agent.(B) The additional assessments shall not exceed the amount reasonably calculated to cover expenses for additional security, wear and tear on buildings, additional trash pickup, and other additional costs occasioned by the apartment or unit being available for rent or lease.

(A) However, the administrator, board of administration, or other form of administration of a horizontal property regime may establish additional assessments to be collected from a co-owner who makes his or her apartment or unit available for rent or lease either directly or through an agent.

(B) The additional assessments shall not exceed the amount reasonably calculated to cover expenses for additional security, wear and tear on buildings, additional trash pickup, and other additional costs occasioned by the apartment or unit being available for rent or lease.

(b) (1) A co-owner shall not exempt himself or herself from contributing toward the expenses under subdivision (a)(2)(A) of this section by waiver of the use or enjoyment of the common elements or by abandonment of the apartment or unit belonging to him or her.(2) Notwithstanding subdivision (b)(1) of this section, the declarant, from the date of the initial assessment until the declarant's control of the association terminates, or five (5) years from a declarant's first conveyance of a unit or apartment, whichever is earlier, shall periodically pay to the association:(A) An amount equal to all operational expenses of the association, less the operational expense portion of the assessments paid by an owner of an apartment or an owner of a unit other than the declarant; or(B) The common expenses allocated to each apartment or unit owned by the declarant.(3) Common expenses shall be assessed against all apartments and units conveyed, rented, or used as models or offices by the declarant, and all apartments or units owned by a declarant after termination of a declarant's control of the association or five (5) years from a declarant's first conveyance of an apartment or unit, whichever is earlier, according to the common expenses allocated to each apartment or unit.(4) A past due assessment or installment of an assessment may bear interest at a lawful rate established by the association.

(1) A co-owner shall not exempt himself or herself from contributing toward the expenses under subdivision (a)(2)(A) of this section by waiver of the use or enjoyment of the common elements or by abandonment of the apartment or unit belonging to him or her.

(2) Notwithstanding subdivision (b)(1) of this section, the declarant, from the date of the initial assessment until the declarant's control of the association terminates, or five (5) years from a declarant's first conveyance of a unit or apartment, whichever is earlier, shall periodically pay to the association:(A) An amount equal to all operational expenses of the association, less the operational expense portion of the assessments paid by an owner of an apartment or an owner of a unit other than the declarant; or(B) The common expenses allocated to each apartment or unit owned by the declarant.

(A) An amount equal to all operational expenses of the association, less the operational expense portion of the assessments paid by an owner of an apartment or an owner of a unit other than the declarant; or

(B) The common expenses allocated to each apartment or unit owned by the declarant.

(3) Common expenses shall be assessed against all apartments and units conveyed, rented, or used as models or offices by the declarant, and all apartments or units owned by a declarant after termination of a declarant's control of the association or five (5) years from a declarant's first conveyance of an apartment or unit, whichever is earlier, according to the common expenses allocated to each apartment or unit.

(4) A past due assessment or installment of an assessment may bear interest at a lawful rate established by the association.

(c) Upon the sale or conveyance of an apartment or unit, all unpaid assessments against a co-owner for his or her pro rata share in the expenses to which subsection (a) of this section refers shall first be paid out of the sales price or by the acquirer in preference over any other assessments or charges of whatever nature except the following:(1) Assessments, liens, and charges for taxes past due and unpaid on the apartment or unit; and(2) Payments due under mortgage instruments of encumbrance recorded.

(1) Assessments, liens, and charges for taxes past due and unpaid on the apartment or unit; and

(2) Payments due under mortgage instruments of encumbrance recorded.

(d) The purchaser of an apartment or unit shall be jointly and severally liable with the seller for the amounts owing by the seller under subsection (a) of this section up to the time of the conveyance, without prejudice to the purchaser's right to recover from the other party the amounts paid by him or her as the joint debtor.