+ Reply to Thread
Results 1 to 6 of 6

Thread: Legal question for Arkansas Dawgs

  1. #1
    Champ techman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond repute
    Join Date
    Apr 2007
    Location
    Ruston
    Posts
    12,203

    Legal question for Arkansas Dawgs

    Pertaining to residential covenants and restrictions......

    Can a neighborhood covenant be enforced if there is no homeowners association to enforce it? Can it be enforced if each owner in a given subdivision signed and recorded a copy along with their deed when purchasing? Can it be enforced if one was simply drawn up when a development began but was never filed?

    Asking for my in-laws because I only know that in Louisiana a C&R doc is only good if there is an HOA to back it up as far as I know.

  2. #2
    Champ Champ967 has a reputation beyond reputeChamp967 has a reputation beyond reputeChamp967 has a reputation beyond reputeChamp967 has a reputation beyond reputeChamp967 has a reputation beyond reputeChamp967 has a reputation beyond reputeChamp967 has a reputation beyond reputeChamp967 has a reputation beyond reputeChamp967 has a reputation beyond reputeChamp967 has a reputation beyond reputeChamp967 has a reputation beyond repute Champ967's Avatar
    Join Date
    Sep 2002
    Location
    Dogtown, AR
    Posts
    12,684

    Re: Legal question for Arkansas Dawgs

    Answering as a planner, not an atty --

    1) technically yes. But as a practical matter, probably not

    2) yes.

    3) unlikely

  3. #3
    Champ techman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond repute
    Join Date
    Apr 2007
    Location
    Ruston
    Posts
    12,203

    Re: Legal question for Arkansas Dawgs

    Thanks

  4. #4
    Bulldog Dorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the rough
    Join Date
    Sep 2018
    Location
    Shreveport
    Posts
    119

    Re: Legal question for Arkansas Dawgs

    I only know that in Louisiana a C&R doc is only good if there is an HOA to back it up as far as I know.
    No HOA needed. A neighbor can sue you to enforce.

    In Louisiana, we can have "building restrictions" that are what many would call covenants. These are typically put in place by a developer who subdivides a tract of property to build houses. NO HOA is required to exist.

    They can be enforced by a neighbor with no HOA involved. Practically speaking, the lack of an HOA may mean the restrictions go unenforced because an individual neighbor can't or won't afford to hire an attorney to file an enforcement action. And if no action is filed in 2 years after the violation started, the restriction lapses.

    There was a case in DeSoto Parish a few years ago where a neighbor got an injunction requiring removal of mobile home on ground that it violated a subdivision's building restrictions against temporary structures. There was no HOA involvement. Another one out of Tensas Parish was filed successfully by owners of two lots against owner of a third who was trying to subdivide and develop his lot in violation of building restrictions that affected just those three lots. The losers in those cases probably didn't check the title to their property, or they would have know of the restrictions. Common mistake.

    Arkansas law allows what it calls restrictive covenants. Ark. Code. Section 18-12-103. Looks like, similar to Louisiana, a neighbor can sue to enforce. No HOA needed. I see a case out of Garland County where neighbors joined together to sue another neighbor and enforce a covenant against commercial activity. No HOA was involved.

    Every situation is distinct, and there are often exceptions, time limits, or rules that are not apparent. Anyone who is considering acting in violation of such a covenant, or trying to enforce one, should be wary and consult an Arkansas real estate lawyer first.

  5. #5
    Bulldog Dorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the roughDorm Fridge is a jewel in the rough
    Join Date
    Sep 2018
    Location
    Shreveport
    Posts
    119

    Re: Legal question for Arkansas Dawgs

    Can it be enforced if one was simply drawn up when a development began but was never filed?
    Ark. law generally requires it be recorded in the office of the recorder of the county in which the property is located. But the Ark SCT has said that buyers are on notice of unrecorded documents that are specifically referenced within properly recorded instruments. So a recorded covenant or provision in a deed could reference unrecorded bylaws or similar instrument that would be binding.

  6. #6
    Champ techman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond reputetechman05 has a reputation beyond repute
    Join Date
    Apr 2007
    Location
    Ruston
    Posts
    12,203

    Re: Legal question for Arkansas Dawgs

    Thanks Dorm Fridge.

+ Reply to Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts