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18-13-102. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-13-102. Definitions.
As used in this chapter:
(1) “Apartment” means a part of the property intended for residential, commercial, industrial, or any other type of independent use consisting of one (1) or more rooms or spaces occupying all or part of one (1) or more floors in a building or buildings of one (1) or more floors designated as an apartment in the master deed and delineated on the plans provided for in § 18-13-105;
(2) “Co-owner” means a person, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof, who owns an apartment within the building;
(3)(A) “Council of co-owners” means all the co-owners as defined in subdivision (2) of this section.
(B) However, except as otherwise provided in this chapter, a majority of co-owners, as defined in subdivision (6) of this section, shall constitute a quorum for the adoption of decisions;
(4) “General common elements” means:
(A) The land on which the building stands;
(B) The foundations, main walls, roofs, halls, lobbies, stairways, and entrance and exit or communication ways;
(C) The basements, flat roofs, yards, and gardens, except as otherwise provided or stipulated;
(D) The premises for the lodging of janitors or persons in charge of the building, except as otherwise provided or stipulated;
(E) The compartments or installations of central services such as power, light, gas, cold and hot water, refrigeration, reservoirs, water tanks and pumps, and the like;
(F) The elevators, garbage incinerators, and, in general, all devices or installations existing for common use; and
(G) All other elements of the building rationally of common use or necessary to its existence, upkeep, and safety;
(5) “Limited common elements” means those common elements whic
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-13-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:18-13-102
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 67c1ef5436e4a8a54c536a00c500bd06de533484dab7504368040161ceea7a6d
Source location: content.xml paragraph 2233
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18-13-102. Definitions.
As used in this chapter:
(1) “Apartment” means a part of the property intended for residential, commercial, industrial, or any other type of independent use consisting of one (1) or more rooms or spaces occupying all or part of one (1) or more floors in a building or buildings of one (1) or more floors designated as an apartment in the master deed and delineated on the plans provided for in § 18-13-105;
(2) “Co-owner” means a person, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof, who owns an apartment within the building;
(3)(A) “Council of co-owners” means all the co-owners as defined in subdivision (2) of this section.
(B) However, except as otherwise provided in this chapter, a majority of co-owners, as defined in subdivision (6) of this section, shall constitute a quorum for the adoption of decisions;
(4) “General common elements” means:
(A) The land on which the building stands;
(B) The foundations, main walls, roofs, halls, lobbies, stairways, and entrance and exit or communication ways;
(C) The basements, flat roofs, yards, and gardens, except as otherwise provided or stipulated;
(D) The premises for the lodging of janitors or persons in charge of the building, except as otherwise provided or stipulated;
(E) The compartments or installations of central services such as power, light, gas, cold and hot water, refrigeration, reservoirs, water tanks and pumps, and the like;
(F) The elevators, garbage incinerators, and, in general, all devices or installations existing for common use; and
(G) All other elements of the building rationally of common use or necessary to its existence, upkeep, and safety;
(5) “Limited common elements” means those common elements which are agreed upon by all the co-owners to be reserved for the use of a certain number of apartments to the exclusion of the other apartments, such as special corridors, stairways, and elevators, sanitary services common to the apartments of a particular floor, and the like;
(6) “Majority of co-owners” means fifty-one percent (51%) or more of the basic value of the property as a whole, in accordance with the percentages computed in accordance with the provisions of § 18-13-112;
(7) “Master deed” means the deed establishing the horizontal property regime;
(8) “Person” means an individual, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof;
(9) “Property” means the land, the building, all improvements and structures thereon, and all easements, rights, and appurtenances belonging thereto;
(10) “To record” means to record in accordance with the provisions of §§ 14-15-402, 14-15-404, 14-15-407 — 14-15-417, and 16-46-101 or other applicable recording statutes; and
(11) All pronouns include the male, female, and neuter genders and include the singular or plural numbers, as the case may be.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-15-402. Instruments to be recorded.
(a) It shall be the duty of each recorder to record in the books provided for his or her office all deeds, mortgages, conveyances, deeds of trust, bonds, covenants, defeasances, affidavits, powers of attorney, assignments, contracts, agreements, leases, or other instruments of writing of or writing concerning any lands and tenements or goods and chattels, which shall be proved or acknowledged according to law, that are authorized to be recorded in his or her office.
(b)(1) To be accepted by the county recorder for recording purposes, all documents shall:
(A) Be on eight and one-half by eleven inch (8½"x11") paper;
(B) Have a two and one-half inch (2.5") margin at the right top of the first page, one-half inch (0.5") margin on the sides and bottoms of all pages, and a two and one-half inch (2.5") margin at the bottom of the last page;
(C) Have an area reserved on the top right of the first page for the file mark of the recorder;
(D) Contain the following information:
(i) The title of the document; and
(ii) The name of the grantor and grantee, when applicable;
(E) Be acknowledged or otherwise executed as permitted by § 16-47-107 or § 18-12-208; and
(F) Be legible.
(2)(A) The county recorder shall have the discretion to waive the requirements of subdivision (b)(1) of this section for:
(i) Good cause; and
(ii) Any document that complies with the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq.
(B) All documents and instruments executed before January 1, 2004, shall be exempt from the requirements of subdivision (b)(1) of this section.
(C) All surveys and plats shall be exempt from the requirements of subdivision (b)(1) of this section.
(3) A county recorder shall not refuse to record a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-15-402
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-15-402. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-15-404. Effect of recording instruments affecting title to property.
(a)(1) Every deed, bond, or instrument of writing affecting the title, in law or equity, to any real or personal property within this state which is or may be required by law to be acknowledged or proved and recorded shall be constructive notice to all persons from the time the instrument is filed for record in the office of the county recorder of the proper county.
(2)(A) A document filed under the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq., is filed of record within the meaning of this subsection if recorded under § 14-15-407 during the county recorder's regular business hours.
(B) A document received after the county recorder's regular business hours shall be recorded in the order received.
(b) No deed, bond, or instrument of writing for the conveyance of any real estate, or by which the title thereto may be affected in law or equity, made or executed after December 21, 1846, shall be good or valid against a subsequent purchaser of the real estate for a valuable consideration without actual notice thereof or against any creditor of the person executing such an instrument obtaining a judgment or decree which by law may be a lien upon the real estate unless the deed, bond, or instrument, duly executed and acknowledged or proved as required by law, is filed for record in the office of the clerk and ex officio recorder of the county where the real estate is situated.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-15-404
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-15-404. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-13-105. Plans to be attached to master deed.
(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 record along with the master deed.
(2) The plans shall show graphically all particulars of the building constructed or to be constructed, including, but not limited to, the dimensions, area, and location of each apartment therein and the dimensions, area, and location of common elements affording access to each apartment. Other common elements, both limited and general, shall be shown graphically, insofar as possible, and shall be described in detail in words and figures.
(3) The plan shall be certified by an engineer or architect authorized and licensed to practice his or her profession in this state.
(b) Each apartment in a building shall be designated, on the plans referred to in subsection (a) of this section, by letter or number or other appropriate designation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-13-105
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-13-105. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-13-112. Ownership and valuation of separate units and common elements.
(a)(1) An apartment owner shall have the exclusive ownership of his or her apartment and shall have a common right to a share, with the other co-owners, in the common elements of the property.
(2)(A) This share is equivalent to the percentage representing the value of the individual apartment with relation to the value of the whole property.
(B) This percentage shall be computed by taking as a basis the value of the individual apartment in relation to the value of the property as a whole.
(b) The percentage shall be expressed at the time the horizontal property regime is constituted, shall have a permanent character, and shall not be altered without the acquiescence of the co-owners representing all the apartments of the building.
(c) The basic value, which shall be fixed for the sole purpose of this chapter and irrespective of the actual value, shall not prevent each co-owner from fixing a different circumstantial value to his or her apartment in all types of acts and contracts.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-13-112
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-13-112. This identifies an authority to review, not proof of applicability.