A Guide to Arkansas Reserve Study Laws: Understanding Your HOA's Financial Future

Arkansas Reserve Study Laws vs. a Board's Fiduciary Duty

For board members of homeowners associations (HOAs) and condo associations in Arkansas, understanding the state's position on reserve funds is the first step to sound financial management.

The legal situation in Arkansas is one of minimal state regulation. Arkansas has no state law that legally mandates that HOAs or condo associations conduct a reserve study, maintain a minimum reserve fund balance, or even disclose reserve information during a resale. The state's "Horizontal Property Act" and "Condominium Act" provide a framework for governance but are silent on the issue of long-term reserve planning.

Many Arkansas association boards misinterpret this legal silence as a "pass" on conducting a study. This is a critical—and potentially costly—misunderstanding. A board's true obligation is not simply to meet the minimum legal standard, but to uphold their fiduciary duty to the association.

What is an Arkansas HOA board's fiduciary duty? This legal standard requires board members to act "in the best interest of the association and its members" and with a "duty of care," which requires them to "make informed decisions with the same level of care that any prudent person would use in similar circumstances". This "duty to investigate" means a board cannot "fly blind"; it must make a reasonable inquiry into the association's finances and property condition before making decisions.

This creates a critical paradox: for an Arkansas board, the lack of a state mandate makes a reserve study even more important. In a state with a mandate, a board that follows the statutory checklist is generally protected. In Arkansas, the board has no such checklist to hide behind. If a major component like a roof fails, leading to a massive special assessment, homeowners may sue the board for negligence and mismanagement. The board's only defense will be to prove it acted with "ordinary prudence".

A professional reserve study is that proof for an Arkansas board. It is the board's most important liability shield, demonstrating that its financial decisions were based on objective, expert analysis, not "guesswork".

What are the Benefits of a Reserve Study? The 4 Key Pillars for Arkansas Communities

For Arkansas communities, the benefits of proactively commissioning a reserve study are built on four key pillars.

Benefit 1: Avoid Special Assessments and Ensure Financial Stability

A reserve study's main function is to shift an Arkansas HOA's financial planning from reactive to proactive. The alternative to building a reserve fund is levying "sudden, hefty" special assessments or securing costly bank loans when major components inevitably fail.

This "special assessment" model is also fundamentally inequitable. For example: A condominium's roof has a 20-year useful life. A resident, "Fred," lives in his unit for 18 years while the board waives reserve funding to keep dues low. Fred effectively gets "18 free years of roofing." In year 18, he sells to "Bill." Two years later, the roof fails, and the board levies a massive special assessment. Bill, a new owner, is forced to pay for 20 years of roof deterioration.

A reserve study prevents this. It is an ethical tool that establishes an "equitable funding plan," ensuring that every owner pays their "fair share" for the portion of the common assets they "use up" during their time of ownership.

Benefit 2: Protect and Increase HOA Property Values in Arkansas

A reserve study is a critical "maintenance planning tool". By ensuring funds are available when needed, the association can execute repairs and replacements on schedule, before they cascade into more expensive, complex problems.

This proactive approach prevents "deferred maintenance," a primary cause of community-wide disrepair and blight in Arkansas communities. Well-maintained common areas, pristine amenities, functional infrastructure, and strong curb appeal are all directly correlated with higher and more stable property values. One analysis found that property values in communities with poorly managed, low reserve funds drop by an average of 12.6%.¹

Benefit 3: Meet Lender Requirements (Fannie Mae & FHA)

This is a critical, high-stakes benefit often missed by Arkansas boards. A home's value is directly tied to a buyer's ability to get a mortgage. Lenders, especially those underwriting conventional (Fannie Mae) and FHA loans, have their own stringent requirements—not just for the borrower, but for the entire association's financial health.¹

Since 2023, Fannie Mae permanently requires lenders to review an association's reserve studies and budgets for adequacy.² The FHA has long required that 10% of an association's budgeted income be allocated to reserves.¹ An Arkansas association with no reserve study and a weak reserve fund can be placed on a lender's "ineligible" or "unavailable" list.³

When this happens, conventional and FHA lenders cannot write mortgages for any unit in that building. This "dramatically reduces market value" ⁴ because the pool of potential buyers instantly shrinks from "the entire market" to "all-cash buyers".⁴

Benefit 4: Provide an Objective Roadmap for Future Arkansas Boards

Finally, for an Arkansas board, the reserve study is an essential tool for effective, non-confrontational governance. "Property managers come and go; board members frequently change, and the existing reserve study is there to help new decision makers understand the logic or reasoning behind earlier choices".⁵

The study is an "unbiased and objective" roadmap that "puts the board of directors, homeowners, and property managers on the same page".⁶ Budget decisions in community associations are often highly political and emotional, with intense pressure to "keep dues low." A professional reserve study "de-politicizes" this process.

It allows the board to shift the conversation. The board is no longer the "bad guy" for raising dues; instead, the board is simply fulfilling its fiduciary duty by following an expert's documented, independent plan to protect the community's assets.

What is a Reserve Study? The Two Essential Parts

While not required by Arkansas law, a professional reserve study, as defined by national industry standards, is a comprehensive analysis comprised of two distinct parts: a physical analysis and a financial analysis.⁵ This report serves as a long-term capital planning tool.⁵

Part 1: The Physical Analysis (What We Inspect)

The physical analysis involves a "visual, non-invasive evaluation" ⁹ by a reserve specialist to determine the physical status of the association's common property.⁵ This on-site inspection results in three key deliverables:

1. Component Inventory: A detailed list of all major common area components the association is responsible for repairing or replacing.⁹ A component is typically defined using a four-part test: (1) it is the association's responsibility; (2) it has a limited useful life; (3) its remaining useful life is predictable; and (4) its replacement cost is material (i.e., above a minimum threshold).¹¹
2. Condition Assessment: The specialist evaluates the current physical condition of each component.⁵
3. Life & Valuation Estimates: Each component is assigned a "Useful Life" (UL, its total expected lifespan) and a "Remaining Useful Life" (RUL).⁹ The specialist then estimates the current "Replacement Cost".⁹ A professional-grade estimate is an all-in number, including not just the component itself but all costs for delivery, installation, permits, and disposal.¹²

Part 2: The Financial Analysis (The Funding Plan)

The financial analysis translates the physical data into a long-term financial "roadmap".⁶ It analyzes the association's reserve income and expenses ¹³ and includes two key deliverables:

1. Fund Status: A "snapshot" of the association's reserve fund health.¹⁴ This analysis compares the cash on hand to the computed deterioration of the assets to determine the "Percent Funded".¹⁴
2. Funding Plan: The study's core recommendation. This is a detailed, "multi-yr funding plan" ⁵ that projects reserve income and expenses for a minimum of 20 to 30 years.⁵ It provides the board with a stable, predictable reserve contribution amount to build into the annual budget.

How to Read a Reserve Study: 2 Key Metrics Explained

For an Arkansas board reviewing its first study, the focus should be on two key metrics.

Metric 1: What is "Percent Funded" in a Reserve Study?

"Percent Funded" is a key metric indicating your reserve fund's strength.¹⁶ It is calculated as:

$$\text{Percent Funded} = \frac{\text{Reserve Fund Balance (actual cash on hand)}}{\text{Fully Funded Balance (computed deterioration)}}$$

This formula is based on the methodology described in ¹⁵ and.⁷ It's critical to correct a common misconception: "100% Funded" does not mean the association has enough cash to replace all assets today. It means the association's reserve balance is equal to the "computed value of the deterioration" of its assets.¹⁵

For example: A $20,000 roof with a 20-year useful life deteriorates at $1,000 per year. In Year 5, its "Fully Funded Balance" is $5,000. If the association has $5,000 in its roof reserve fund, it is 100% funded for that component.

This metric provides a clear risk profile ¹⁵:

• Strong (> 70% Funded): Low risk of special assessments.
• Fair (30% - 70% Funded): Moderate, manageable risk.
• Weak (< 30% Funded): High, predictable risk of special assessments and deferred maintenance.

Metric 2: Choosing a Funding Goal (Full, Threshold, or Baseline)

A good reserve study will present several funding goals for the board to consider.¹⁸ These funding strategies define the level of risk the community is willing to accept:

• Baseline Funding: The most aggressive, high-risk goal. The funding plan is designed to keep the reserve balance just above $0 at all times.¹⁷ This is rarely recommended as it leaves zero margin for error; a single project that costs more or fails sooner than expected will trigger a special assessment.¹⁷
• Full Funding: The most conservative, low-risk goal. The objective is to attain and maintain reserves at or near the 100% funded level.⁹ This provides the greatest assurance that funds will be available and carries the lowest risk of special assessments.¹⁷
• Threshold Funding: A balanced approach and the "most commonly recommended strategy".¹⁹ This plan funds the reserves to keep the balance above a specified minimum threshold (e.g., 30% funded or a set dollar amount).¹⁷ This provides a safety cushion for unexpected events while keeping contributions manageable.

StrategyPrimary GoalRisk of Special AssessmentTypical Contribution LevelFull FundingAttain/maintain ~100% funded status ⁹

Very Low ¹⁷

Most Conservative / Highest ²¹

Threshold Funding

Keep reserve balance above a set minimum (e.g., 30%) ¹⁸

Managed / Moderate ¹⁷

Moderate / BalancedBaseline Funding

Keep reserve balance above $0 ¹⁸

High ¹⁷

Most Aggressive / Lowest ¹⁷

How to Implement a Reserve Study: A 5-Step Guide for Arkansas Boards

For an Arkansas board implementing its first reserve study, the process can be broken down into five clear steps.¹³

Step 1: Understand the 3 Levels of a Reserve Study

Before soliciting bids, the board must know what to ask for. Although Arkansas law does not define these ²², national standards recognize three primary "levels" of a reserve study ²³:

• Level I (Full Study): This is the essential first study for any association.¹⁴ The specialist comes on-site to conduct a full inspection and build the "Component Inventory" from scratch.¹⁰
• Level II (Update with Site Visit): This is the periodic update to a full study, ideally conducted every 3-5 years. The specialist returns to the site to verify the inventory, re-assess component conditions, and update cost estimates.¹⁴
• Level III (Update, No Site Visit): A financial-only update ²³, typically done in off-years for minor budget adjustments.

Step 2: Pass a Board Resolution and Prepare Documents

The process begins with a formal board resolution to commission the study.¹³ While Arkansas law doesn't mandate the study, state law does allow boards to establish reserve funds, and this resolution is the first step in exercising that power. The board or property manager then gathers the "essential documents" the specialist will need ²⁵, including:

• Governing Documents (CC&Rs, Bylaws), which define the association's maintenance responsibilities.
• Current and past operating budgets.²⁵
• Records of recent major repairs (dates and costs).

Step 3: How to Hire a Credentialed Reserve Specialist

This is the most critical step. A low-cost, low-quality study is worse than no study at all, as it may provide a false sense of security and could itself be a breach of the board's duty of care.²⁶ The "duty of reasonable inquiry" applies to the hiring process.²⁶ A board must perform due diligence and look for these qualifications:

• Credentials: The two primary national credentials for reserve professionals are the RS (Reserve Specialist) from the Community Associations Institute (CAI) and the PRA (Professional Reserve Analyst) from the Association of Professional Reserve Analysts (APRA).²⁷ These designations require extensive experience, references, and submission of sample work.²⁷
• Standards: The provider must confirm they adhere to the CAI National Reserve Study Standards.¹³
• Insurance: The provider must show proof of professional liability (Errors & Omissions) insurance.⁷

Step 4: The Kick-Off Meeting and On-Site Inspection

The selected specialist will schedule a "kickoff meeting" ²⁵ and the on-site inspection.⁷ It is vital that a board member or property manager with deep knowledge of the property accompanies the specialist to provide access and point out known issues or recent repairs.²⁵ This is the "Physical Analysis" in action.⁷

Step 5: Review the Draft Report and Adopt the Funding Plan

The board will receive a draft report for review.⁷ The board's job is not to second-guess engineering calculations but to check for factual errors (e.g., incorrect component quantities, misidentified materials).³³ Once any corrections are made, the board must take two final actions:

1. Formally vote to adopt the finalized reserve study.⁷
2. Most importantly, implement the study's funding plan by incorporating the recommended reserve contribution into the association's next annual budget.⁷ A study that just "sits on a shelf" is useless.

Why a Reserve Study is a Critical Investment for Your Arkansas Community

For an Arkansas HOA or condo, a reserve study should not be viewed as an "expense" but as a strategic investment in the community's future.³⁴ It is the single most effective tool an association board possesses.

In Arkansas, it is the only mechanism that simultaneously:

• Fulfills the Arkansas board's fiduciary duty to protect and maintain the association's assets.
• Protects all homeowners from the financial shock and fundamental inequity of special assessments.
• Preserves and enhances the long-term property value of every home in the community.
• Ensures the marketability of units to future buyers and lenders like Fannie Mae and the FHA.¹

An Arkansas board that proactively commissions a reserve study—precisely because it is not required by state law—is the hallmark of a responsible, sophisticated, and well-managed community. It is the first and most critical step toward securing a stable and successful financial future.

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