Title 18 — Property
29 chapters · 720 sections in this title.
Ark. Code Ann. § 18-13-101 Title
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This chapter shall be known as the “Horizontal Property Act”.
Ark. Code Ann. § 18-13-102 Definitions
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(1) As used in this chapter:(1) (A) “Apartment” means a physical portion of the property that:(i) Is subject to a master deed designated for separate ownership or occupancy, the boundaries of which are described by the master deed and delineated on the plans provided for in § 18-…
Ark. Code Ann. § 18-13-103 Establishment of horizontal property regimes
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(a) A horizontal property regime may be created under this chapter only by recording a master deed executed in the same manner as a deed by all persons who have an interest in the real property that will be conveyed to an owner of an apartment or unit and by every lessor of a lea…
Ark. Code Ann. § 18-13-104 Master deed
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(a) The master deed creating and establishing the horizontal property regime shall be:(1) Executed by the declarant or owner or owners of the real property making up the horizontal property regime; and(2) Recorded in the office of the clerk and ex officio recorder of the county w…
Ark. Code Ann. § 18-13-105 Plans to be attached to master deed
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(a) (1) There shall be attached to the master deed, at the time it is filed for record, a full and exact copy of the plans of any existing building on the property or the plans for the building or buildings to be constructed thereon. The copy of the plans shall be entered of reco…
Ark. Code Ann. § 18-13-106 Additional units in excess of those described in master deed
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(a) The sole owner or co-owners of property constituted and established under this chapter as a horizontal property regime may, by description of their intentions in the master deed provided for in § 18-13-104, provide for the addition of apartments or units in the horizontal pro…
Ark. Code Ann. § 18-13-107 Waiver and reestablishment of regimes
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(a) All of the co-owners or the sole owner of a building or property constituted into a horizontal property regime may waive this regime and regroup or merge the records of the individual apartments, or anticipated apartments, with the principal property if the individual apartme…
Ark. Code Ann. § 18-13-108 Bylaws
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(a) 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. (b) The bylaws must necessarily provide for at least the following:(1) Form of administration, …
Ark. Code Ann. § 18-13-109 Modification of administration
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(a) The sole owner of the building or, if there is more than one (1), the co-owners representing two-thirds (⅔) of the total value of the building may, at any time, modify the system of administration, but each one of the particulars set forth in § 18-13-108 shall always be embod…
Ark. Code Ann. § 18-13-110 Book of receipts and expenditures — Examination
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(a) The administrator, the board of administration, or other form of administration specified in the bylaws shall keep a book with a detailed account, in chronological order, of the receipts and expenditures affecting the building and its administration and specifying the mainten…
Ark. Code Ann. § 18-13-111 Status of individual units
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Once the property is submitted to the horizontal property regime, an apartment in the building may be individually conveyed and encumbered and may be the subject of ownership, possession, or sale and of all types of juridic acts intervivos or causa mortis as if it were sole and e…
Ark. Code Ann. § 18-13-112 Ownership and valuation of separate units and common elements
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(a) (1) An apartment owner or unit owner shall have the exclusive ownership of his or her apartment or unit and shall have a common right to a share, with the other co-owners, in the common elements of the property as stated in the master deed.(2) The master deed may provide diff…
Ark. Code Ann. § 18-13-113 Types of joint ownership
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Any apartment may be held and owned by more than one (1) person as joint tenants, as tenants in common, as tenants by the entirety, or in any other real estate tenancy relationship recognized under the laws of this state.
Ark. Code Ann. § 18-13-114 Common elements
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(a) The common elements, both general and limited, shall remain undivided and shall not be the object of an action for partition or division of the co-ownership. Any covenant to the contrary shall be void. (b) Each co-owner may use the elements held in common in accordance with t…
Ark. Code Ann. § 18-13-115 Conveyances
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(a) Any conveyance or other instrument affecting title to an apartment which describes the apartment by using the plan letter or number followed by the words “in Horizontal Property Regime” shall be deemed to contain a good and sufficient description for all purposes. (b) Any con…
Ark. Code Ann. § 18-13-116 Liability for expenses and assessments
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(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) …
Ark. Code Ann. § 18-13-117 Insurance generally
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The co-owners may, upon resolution of a majority, insure the building against risk, without prejudice to the right of each co-owner to insure his or her apartment on his or her own account and for his or her own benefit.
Ark. Code Ann. § 18-13-118 Application of insurance proceeds to reconstruction
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(a) In case of fire or any other disaster, the insurance indemnity shall, except as provided in subsection (b) of this section, be applied to reconstruct the building. (b) Reconstruction shall not be compulsory when it comprises the whole or more than two-thirds (⅔) of the buildi…
Ark. Code Ann. § 18-13-119 Sharing of reconstruction costs when building not insured or indemnity insufficient
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(a) When the building is not insured or when the insurance indemnity is insufficient to cover the cost of reconstruction, the new building costs shall be paid by all the co-owners directly affected by the damage in proportion to the value of their respective apartments, or as may…
Ark. Code Ann. § 18-13-120 Taxation
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(a) (1) Taxes, assessments, and other charges of this state, of any political subdivision, of any special improvement district, or of any other taxing or assessing authority shall be assessed against and collected on each individual apartment.(2) Each tax, assessment, or other ch…