[AR] Does paying overdue HOA assessments on an unwanted lot validate the HOA’s claim to future dues?

Lexi, Chatbot

I understand how concerning this situation must be for you, especially with the financial implications involved. Have you already explored any options for selling the property or transferring ownership?

Lexi, Chatbot

Are there any specific restrictions or regulations from the HOA that you are aware of regarding the property?

Lexi, Chatbot

Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they'll be able to help with your property assessment issue.

Michael M. Esq.

Hello, I'm an attorney who works in your area of law and I'll help you sort this out today. I've read what you shared, so let's go over what's happening and what your best next steps look like. Have you reviewed the original purchase documents to see whether joining the HOA and paying assessments was a mandatory condition of owning the lot?

Michael M. Esq.

Have you had any communication with the HOA about the assessments or any options they might offer for selling or transferring the property?

Michael M. Esq.

Ok! Did you need to tell me anything else? If not, I can start with answering your question.

Michael M. Esq.

Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.

Michael M. Esq.

The short answer is that paying the HOA assessment does not automatically validate their legal authority over you going forward, but it can be used as evidence that you acknowledged the obligation. Your real goal here, divesting the property entirely, is achievable, and there are specific steps you can take to make that happen even if the lot has low market value. That's the short answer.

Here is the long answer: HOA assessments on Arkansas lots are typically governed by a Declaration of Covenants, Conditions, and Restrictions recorded in the county where the property sits, which in your case is Saline County (AR Code § 18-12-103). If your wife signed documents at closing that referenced or incorporated those CC&Rs, the HOA assessments are likely binding regardless of whether she has the originals. Arkansas law allows HOAs to place a lien on a lot for unpaid assessments and eventually foreclose on that lien, which could become a bigger problem than the $50 a month if ignored entirely. The good news is that none of this stops you from transferring or abandoning the property before that happens.

Here is what you can do legally, step by step: Go to the Saline County Circuit Clerk's online records portal and search the property by your wife's name or the parcel number from the tax bill. Pull the recorded deed and any recorded CC&Rs or Declaration documents. This tells you exactly what obligations attached to the lot at the time of purchase and what the HOA's lien rights actually are. The Saline County land records can be accessed at the Circuit Clerk's office.

Contact the HOA directly in writing and ask whether they have a lot surrender, deed back, or lot release program. Some HOAs that deal with unwanted lots, especially in resort communities like Hot Springs Village, will accept a deed in lieu rather than pursue collection. Get any offer or refusal in writing.

List the lot for sale or give it away. Websites like landwatch.com, landsofamerica.com, and even Facebook Marketplace are used specifically for rural and resort lot sales. Some buyers will purchase these lots for a few hundred dollars just to hold them. You can also deed the property to a willing third party for $1 or nominal consideration if you simply want out.

As a last resort, you can consult with a title company or a quiet title attorney about a voluntary abandonment or tax forfeiture strategy, which in some situations allows a property owner to stop paying taxes and let the county eventually reclaim the parcel through the Arkansas tax forfeiture process. This takes several years but can result in the property leaving your wife's name without further obligation.

Michael M. Esq.

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.