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Committee advances update to horizontal property (condominium) law to support mixed‑use regimes
Summary
Senate Bill 323 would modernize Arkansas's 1961 horizontal property regime law (commonly used for condominiums) to accommodate mixed‑use and nested regimes for parking, commercial and residential uses; the committee advanced the bill.
Joshua Branson and attorney Jason Bramlett told the committee Senate Bill 323 updates the state's horizontal property regime law (sometimes called the condominium statute) to clarify what constitutes a unit and to allow "nesting" of sub‑regimes within a larger master regime. Bramlett said the current 1961 law creates ambiguity for modern mixed‑use developments that combine parking, commercial space, public uses and residential units.
Bramlett explained that the bill explicitly defines unit boundaries and responsibilities for common areas, enabling developers to create nested regimes (for example, separate governance for parking, commercial storefronts and residential units within a single structure). He said the draft was circulated to firms and the Arkansas Land Title Association and that comments from practitioners are reflected in the bill.
Senator Stephanie Flowers asked about how the law would apply to shared or party walls and whether existing buildings could be converted into regimes; presenters said the current law already allows owners to subject property to a master deed and the updated statute preserves that ability while clarifying responsibilities and definitions. The committee voted to report the bill favorably by voice vote.
