Arkansas guide
Arkansas estoppel / unpaid-assessment statement review
Arkansas has no statutory estoppel certificate. There is no statute requiring an association to certify a unit's unpaid-assessment balance to a buyer, and no statutory mechanism that binds the association to the figure it gives.
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Yet the stakes are unusually high here, because Arkansas pairs two features that make the unpaid-assessment question a trap for the unwary: there is no super-lien (the association's claim is subordinate to a recorded mortgage and property taxes under § 18-13-116(c)), but the assessment debt survives foreclosure and binds the purchaser under § 18-13-116(d), as the Arkansas Supreme Court held in First State Bank v. Metro District Condominiums (2014 Ark. 48). The functional substitute for an estoppel certificate is therefore a written statement of unpaid assessments obtained directly from the board or manager — and confirming, where possible, that it binds the association.
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No statutory estoppel — request it directly
Because the Horizontal Property Act creates no estoppel certificate and no resale-disclosure packet, the only way to learn a unit's unpaid-assessment balance is to ask the board or manager in writing. Request a statement of all regular and special assessments, late charges, fees, and any approved or pending special assessment currently owed on the unit, and ask the association to confirm in writing that the figure is current and binding. Without a statutory estoppel to cut off the debt, an informal or stale number is a real exposure.
The survival-lien trap is the core risk
Under § 18-13-116(d), a unit's purchaser is jointly and severally liable with the seller for unpaid assessments through conveyance, and First State Bank v. Metro District Condominiums (2014 Ark. 48) held this contains no foreclosure exception — so a bank or third party buying at a foreclosure sale, or a later buyer, can be personally liable for the prior owner's delinquent dues. The court even affirmed an attorney-fee award where the association had recorded only a lis pendens and no separate lien. This makes the written unpaid-assessment statement essential, especially on a foreclosure or REO unit where the survival risk is highest.
No super-lien, but that does not protect the buyer
Arkansas is not a super-lien state. Under § 18-13-116(c), on a unit's sale, unpaid assessments are paid in preference over other charges except past-due property taxes and payments due under a duly recorded mortgage — so the first mortgage and tax liens prime the association's claim. That protects the first-mortgage lender, but it does nothing for the buyer, who can still inherit the survival debt under subsection (d). Do not treat the absence of a super-lien as buyer protection; the survival rule is the controlling risk.
Read the statement against association-wide delinquency
A single unit's balance can look clean while the association is under cash-flow stress. Request the delinquency or aging picture — the share of owners behind on dues — because high delinquency signals both financial distress and a higher chance that distressed units (with survival exposure) are moving through the community. Arkansas enforces association liens by judicial foreclosure under the declaration and general law, with no statutory nonjudicial procedure, so collection is slower and delinquency can linger. Read the unit statement, the delinquency picture, and recorded liens or lis pendens together.
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Arkansas legal references
- Ark. Code § 18-13-116 — Assessments; lien priority; survival (Justia)
- First State Bank v. Metro District Condominiums, 2014 Ark. 48
- Ark. Code §§ 18-13-101 to -120 — Horizontal Property Act (Justia index)
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these Arkansas statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a Arkansas specialist →Reviewer's checklist
- Request a written statement of unpaid assessments on the unit (no statutory estoppel exists)
- Ask the association to confirm the figure is current and binding
- Treat a foreclosure or REO unit as high survival-lien risk (§ 18-13-116(d))
- Reconcile the certified balance against the seller's representations
- Identify any approved or pending special assessment owed on the unit
- Request the association-wide delinquency or aging report
- Search county records for recorded liens and lis pendens against the unit
- Remember Arkansas grants no super-lien but the debt still survives foreclosure
- Confirm whether the regime is pre-2025 Act or has opted into Act 516 (past-due interest)
- Clarify in the contract who pays any approved-but-pending assessment
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Source documents
- Declaration & bylawsthe rules
- Budget & financialsthe money
- Reserve studythe big repairs
- Meeting minuteswhat the board fears
Cross-reference
The risk lives in the contradiction between documents.
An assessment in the minutes but not the estoppel; a reserve the budget never funds.
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How CondoSignal reviews this
We read the reserve study, operating budget, and 24 months of meeting minutes together — arkansas estoppel / unpaid-assessment statement review risk usually lives in the contradiction between documents, not in any single one of them. Every finding cites the source document, the page number, and the quoted text behind it.
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Related risk areas
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Condo Buying Checklist
Buying a condo is not like buying a single-family home.
Related reading
Guides for Arkansas buyers and owners
What Is a Condo Estoppel Certificate? A Buyer's Guide
The estoppel certificate is the one document an association is legally required to provide before closing. Understand what it says, what it omits, and how to read each line before you sign.
Should I Buy a Condo With Incomplete Resale Documents?
Incomplete resale documents are a red flag of their own near your deadline. Learn what's usually missing and get a free document review.
Special Assessment Red Flags: How to Spot One Before You Buy
A special assessment rarely arrives without warning. The clues show up in the reserve study, budget, and meeting minutes months before the vote — here are the red flags to check before you buy.
What to Look for in Condo Documents: A Buyer's Complete Guide
A resale package contains roughly a dozen documents. Learn what each one discloses, what most buyers overlook, and which sections to read closely before you close.
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Reviewed by Kirk Hasley, Founder. Every claim here is checked against current Arkansas statute and primary sources, using the same documented review framework we run on every file. Last reviewed June 13, 2026.
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