TmA (Arkansas)
Posts: 3
Posts: 3
Posted:
My HOA is a nonprofit organization in the state of Arkansas so they do not claim to fall under Arkansas Law regarding "horizontal property regimes" how do I find out if this is true or not?
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HOA Non-profit does Arkansas Code 18-13
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SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
You posted this three times, so I'll respond here.
Have you checked your state's secretary of state's office to see how they're classified (the articles of incorporation are usually stored here). Or check your county's recorder's office to see how they were classified.
Have you checked your state's secretary of state's office to see how they're classified (the articles of incorporation are usually stored here). Or check your county's recorder's office to see how they were classified.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
TmA,
Welcome to the forum.
The answer will be within your governing documents.
Per Horizontal Property Act, specifically Ā§ 18-13-103, the development has to comply with the act if the follow the procedures outlined in Ā§ 18-13-104 which states:
(a) The master deed creating and establishing the horizontal property regime shall be executed by the owner or owners of the real property making up the regime and shall be recorded in the office of the clerk and ex officio recorder of the county where the property is located.
(b) The master deed shall express the following particulars:
(1) The description of the land and the building, expressing their respective areas;
(2) The general description and number of each apartment, expressing its area, location, and any other data necessary for its identification;
(3) The description of the general common elements of the building and, in proper cases, of the limited common elements restricted to a given number of apartments, expressing which are those apartments; and
(4) The value of the property and of each apartment and, according to these basic values, the percentage appertaining to the co-owners in the expenses of, and rights in, the elements held in common.
Therefore, the question becomes, does the master deed specify the act and is the deed recorded with the county?
Welcome to the forum.
The answer will be within your governing documents.
Per Horizontal Property Act, specifically Ā§ 18-13-103, the development has to comply with the act if the follow the procedures outlined in Ā§ 18-13-104 which states:
(a) The master deed creating and establishing the horizontal property regime shall be executed by the owner or owners of the real property making up the regime and shall be recorded in the office of the clerk and ex officio recorder of the county where the property is located.
(b) The master deed shall express the following particulars:
(1) The description of the land and the building, expressing their respective areas;
(2) The general description and number of each apartment, expressing its area, location, and any other data necessary for its identification;
(3) The description of the general common elements of the building and, in proper cases, of the limited common elements restricted to a given number of apartments, expressing which are those apartments; and
(4) The value of the property and of each apartment and, according to these basic values, the percentage appertaining to the co-owners in the expenses of, and rights in, the elements held in common.
Therefore, the question becomes, does the master deed specify the act and is the deed recorded with the county?
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Typically a Horizontal Property Act (we have one in SC) applies to multi level buildings with shared elements such as halls, lobbies, elevators, etc. It does not apply to stand alone home HOA's nor to side by side homes HOA's. Meaning if no units above or below you, it does not apply.
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