Stricken language would be deleted from and underlined language would be added to present law. *ANS259* 03/04/2025 10:09:39 AM ANS259 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1660 3 4 By: Representative S. Meeks 5 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE HORIZONTAL PROPERTY ACT; TO 9 REGULATE PROPERTY OWNERS ASSOCIATIONS; TO REQUIRE AN 10 AUDIT FOR CERTAIN PROPERTY OWNERS ASSOCIATIONS; AND 11 FOR OTHER PURPOSES. 12 13 14 Subtitle 15 TO AMEND THE HORIZONTAL PROPERTY ACT; TO 16 REGULATE PROPERTY OWNERS ASSOCIATIONS; 17 AND TO REQUIRE AN AUDIT FOR CERTAIN 18 PROPERTY OWNERS ASSOCIATIONS. 19 20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21 22 SECTION 1. Arkansas Code § 18 -13-102, concerning the definitions under 23 the Horizontal Property Act, is amended to add additional subdivisions to 24 read as follows: 25 (12) "Local government" means: 26 (A) A county; 27 (B) A city of the first class, a city of the second class, 28 or an unincorporated town; or 29 (C) Any other state entity or political subdivision of the 30 state or an agency, board, or commission of the state entity or political 31 subdivision of the state; 32 (13) "Property owners association" means an incorporated 33 nonprofit organization operating under recorded land agreements through which 34 each: 35 (A) Lot owner in a planned unit or other described land 36 HB1660 2 03/04/2025 10:09:39 AM ANS259 area is automatically a member; 1 (B) Lot is automatically subject to a charge for a 2 proportionate share of the expenses for the organization's activities and 3 services; and 4 (C) Incorporated nonprofit organization has at least one 5 thousand (1,000) members; and 6 (14)(A) "Services traditionally performed by a local government" 7 means services provided to members of a property owners association. 8 (B) "Services traditionally performed by a local 9 government" includes without limitation: 10 (i) Road maintenance; 11 (ii) Sewer services; 12 (iii) Trash services; and 13 (iv) Water services. 14 15 SECTION 2. Arkansas Code § 18 -13-110 is amended to read as follows: 16 18-13-110. Book of receipts and expenditures — Examination — Annual 17 financial report — Audit. 18 (a) The administrator, the board of administration, or other form of 19 administration specified in the bylaws shall keep a book with a detailed 20 account, in chronological order, of the receipts and expenditures affecting 21 the building and its administration and specifying the maintenance and repair 22 expenses of the common elements and any other expenses incurred. 23 (b) Both the book and the vouchers accrediting the entries made 24 thereupon All financial records shall be available for examination by all the 25 co-owners at convenient hours on working days that shall be set and announced 26 for general knowledge. 27 (c)(1) A property owners association organized under this subchapter 28 may be subject to review by Arkansas Legislative Audit if the property owners 29 association provides services traditionally performed by a local government. 30 (2) A review under subdivision (c)(1) of this section shall be 31 conducted by Arkansas Legislative Audit only after approval by the 32 Legislative Joint Auditing Committee. 33 (3) This subsection does not limit the authority of the 34 Legislative Auditor to conduct an audit under § 10 -4-401 et seq. 35 36