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0 chapters · 2,009 sections in this title.
La. Rev. Stat. § 9:1131.9.1 Developer supervisory duties
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§1131.9.1. Developer supervisory duties The developer shall have the duty to supervise, manage, and control all aspects of the offering of the timeshare plan, including but not limited to promotion, advertising, contracting, and closing. The developer shall have responsibility fo…
La. Rev. Stat. § 9:1131.9.2 Public offering statement
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§1131.9.2. Public offering statement A.(1) Prior to offering any timeshare interest, the developer shall file a public offering statement with the Louisiana Real Estate Commission for approval. The developer shall fully and accurately disclose those facts concerning the developer…
La. Rev. Stat. § 9:1141.1 Short title
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§1141.1. Short title This Part shall be known and may be cited as the "Louisiana Planned Community Act". Acts 1999, No. 309, §2, eff. June 16, 1999; Acts 2024, No. 158, §2, eff. Jan. 1, 2025.
La. Rev. Stat. § 9:1141.10 Relocation of lot boundaries
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§1141.10. Relocation of lot boundaries A. The boundaries between adjoining lots may be relocated upon the request of the lot owners of the affected lots if the relocation does not alter the size of a lot by more than ten percent. B. Boundaries between lots and common areas may be…
La. Rev. Stat. § 9:1141.11 Subdivision of lots
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§1141.11. Subdivision of lots A. A lot may be subdivided into two or more lots upon the request of the lot owner and with the approval of a supermajority vote. B. Upon approval of the subdivision, an amendment to the declaration shall include the plat subdividing that lot; assign…
La. Rev. Stat. § 9:1141.12 Use for sales purposes
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§1141.12. Use for sales purposes Subject to other provisions of law and local ordinances, a declarant may maintain sales offices, management offices, and models on lots that the declarant owns and may erect signs advertising the planned community on the common areas. Acts 2024, N…
La. Rev. Stat. § 9:1141.13 Servitude and use rights
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§1141.13. Servitude and use rights A. A declarant has a personal servitude of right of use on and through the common areas as may be reasonably necessary for the purpose of discharging obligations or exercising special declarant rights, whether in accordance with this Part or res…
La. Rev. Stat. § 9:1141.14 Amendment to declaration; community documents; use restrictions
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§1141.14. Amendment to declaration; community documents; use restrictions A. Except as otherwise provided in this Section or R.S. 9:1141.7, the declaration may be amended only by the vote requirement provided in the declaration. If a voting requirement is not provided in the decl…
La. Rev. Stat. § 9:1141.15 Termination of the planned community
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§1141.15. Termination of the planned community A. A planned community may be terminated only by a two-thirds vote, or any greater percentage that the declaration specifies, and with any other approvals required by the declaration. B. A termination agreement shall be prepared and …
La. Rev. Stat. § 9:1141.16 Rights of secured parties
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§1141.16. Rights of secured parties A. The declaration may require that specified actions of the lot owners or the association shall be approved by creditors who hold security rights in the lots or who have extended credit to the association, but no requirement for approval may o…
La. Rev. Stat. § 9:1141.17 Master associations
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§1141.17. Master associations A. If any of the powers in R.S. 9:1141.20 are to be exercised by or delegated to a corporation that exercises powers on behalf of planned communities or for the benefit of the lot owners, all provisions of this Part applicable to lot owners' associat…
La. Rev. Stat. § 9:1141.18 Combining planned communities
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§1141.18. Combining planned communities A. Any two or more planned communities may be combined into a single planned community upon approval by the lot owners in each planned community by the same vote required to terminate that planned community. If the planned communities to be…
La. Rev. Stat. § 9:1141.19 Organization of lot owners association
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§1141.19. Organization of lot owners association A lot owners association shall be organized as a nonprofit corporation authorized to do business in Louisiana and shall have the authority to impose assessments on its members. The membership of the association at all times consist…
La. Rev. Stat. § 9:1141.2 Definitions
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§1141.2. Definitions As used in this Part, the following terms have the meanings indicated below: (1) "Affiliate of the declarant" means any person who controls, is controlled by, or is under common control with a declarant. For purposes of this Paragraph: (a) A person controls a…
La. Rev. Stat. § 9:1141.20 Powers and duties of the lot owners association
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§1141.20. Powers and duties of the lot owners association A.(1) Except as otherwise provided in this Part, the association shall do the following: (a) Adopt bylaws. (b) Adopt budgets as provided in R.S. 9:1141.34. (c) Establish reasonable procedures for addressing and resolving w…
La. Rev. Stat. § 9:1141.21 Board of directors and officers of the association
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§1141.21. Board of directors and officers of the association A. The board of directors shall consist of at least three natural persons, each of whom shall be a lot owner or a representative of a lot owner if the lot is owned by a juridical person. If the planned community consist…
La. Rev. Stat. § 9:1141.22 Declarant control of the association
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§1141.22. Declarant control of the association A. The declaration may provide for a period of declarant control of the association, during which a declarant, or persons designated by the declarant, may appoint and remove the officers and directors. A declarant may voluntarily sur…
La. Rev. Stat. § 9:1141.23 Transfer of special declarant rights
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§1141.23. Transfer of special declarant rights A. Special declarant rights may be transferred only by an instrument evidencing the transfer recorded in every parish in which any portion of the planned community is situated. Upon transfer of special declarant rights, the transfero…
La. Rev. Stat. § 9:1141.24 Termination of contracts
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§1141.24. Termination of contracts A. During the first two years after the board of directors elected by the lot owners pursuant to R.S. 9:1141.22(C) takes office, the following contracts entered into by the association may be terminated without penalty, provided that at least ni…
La. Rev. Stat. § 9:1141.25 Bylaws
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§1141.25. Bylaws A. The bylaws of the association shall provide for all of the following: (1) The number of members of the board of directors. (2) The method of electing a president, treasurer, secretary, and any other officers specified. (3) The qualifications, powers and duties…
La. Rev. Stat. § 9:1141.26 Meetings
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§1141.26. Meetings A. The following requirements apply to association meetings: (1) The association shall hold an annual meeting in accordance with the bylaws. In the absence of a provision in the bylaws, an annual meeting shall be held upon the giving of not more than sixty days…
La. Rev. Stat. § 9:1141.27 Quorum
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§1141.27. Quorum A. Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if lot owners holding twenty percent of the voting interest in the association are present in person or by proxy at the beginning of the meeting, have cast absen…
La. Rev. Stat. § 9:1141.28 Voting; proxies; ballots
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§1141.28. Voting; proxies; ballots A. Directors may not vote by proxy at any meeting of the board of directors or at any committee thereof. B. Lot owners may vote at a meeting of the association in person, by absentee ballot, by proxy or, when a vote is conducted without a meetin…
La. Rev. Stat. § 9:1141.29 Transfer or encumbrance of common areas or right to income
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§1141.29. Transfer or encumbrance of common areas or right to income A. All or portions of the common areas may be transferred or subjected to a security right by a two-thirds vote or such greater vote required by the declaration. Any limited common area may be transferred or sub…
La. Rev. Stat. § 9:1141.3 Applicability
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§1141.3. Applicability A. The provisions of this Part shall be applicable to existing and future planned communities whose declarations have been duly executed and filed for registry. However, this Part shall not be construed to affect the validity or superiority of any provision…
La. Rev. Stat. § 9:1141.30 Insurance
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§1141.30. Insurance A. Commencing not later than the time of the first transfer of a lot to an unrelated purchaser, the association shall maintain, to the extent reasonably available and subject to reasonable deductibles, commercial general liability insurance, in an amount deter…
La. Rev. Stat. § 9:1141.31 Surplus funds
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§1141.31. Surplus funds Any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of reserves shall be paid annually to the lot owners in proportion to their common expense liabilities or credited to the lot owners to redu…
La. Rev. Stat. § 9:1141.32 Assessments
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§1141.32. Assessments A. Until the association authorizes an assessment, the declarant shall pay all common expenses. After the initial assessment has been made by the association, assessments shall be made at least annually, based on a budget adopted by the association. The asso…
La. Rev. Stat. § 9:1141.33 Upkeep of the planned community
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§1141.33. Upkeep of the planned community Except as otherwise provided by the community documents, the association is responsible for maintenance, repair, and replacement of the common areas and limited common areas, and each lot owner is responsible for the maintenance of his lo…
La. Rev. Stat. § 9:1141.34 Adoption of budgets; special assessments
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§1141.34. Adoption of budgets; special assessments A.(1) For planned communities consisting of more than twenty-five lots, the association shall submit, at least annually, a proposed budget for the planned community for consideration by the lot owners at a duly called meeting of …
La. Rev. Stat. § 9:1141.35 Privileges for sums due to the association; enforcement
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§1141.35. Privileges for sums due to the association; enforcement A. A privilege in favor of the association shall arise on a lot for any assessment attributable to that lot or any fines imposed against the lot owner. B. The time period, rank, and method to enforce and preserve a…
La. Rev. Stat. § 9:1141.36 Association records
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§1141.36. Association records A. An association shall retain all of the following, which may be maintained in an electronic format: (1) Appropriate accounting records concerning the operation and administration of the association. (2) Minutes of all meetings of the lot owners and…
La. Rev. Stat. § 9:1141.37 Rules
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§1141.37. Rules A. Before adopting, amending, or repealing any rule, the board of directors shall give all lot owners notice of the proposed action and provide the text of the rule or the proposed change and the date on which the board of directors will act after considering comm…
La. Rev. Stat. § 9:1141.38 Notice to lot owners
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§1141.38. Notice to lot owners A. An association shall deliver any notice required pursuant to this Part by any of the following methods: (1) United States mail postage paid, or commercial courier as defined in Code of Civil Procedure Article 1313(D), to the mailing address desig…
La. Rev. Stat. § 9:1141.39 Removal of directors and officers
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§1141.39. Removal of directors and officers A. Notwithstanding any provision of the community documents to the contrary, lot owners at any meeting of the association at which a quorum is present and for which notice of removal was given may by majority vote remove any director of…
La. Rev. Stat. § 9:1141.4 Creation, alteration, and termination of a planned community
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§1141.4. Creation, alteration, and termination of a planned community A. A planned community is established by the execution of a declaration by all owners of the immovable property to be affected or by the lessee in the case of a leasehold planned community. The declaration shal…
La. Rev. Stat. § 9:1141.40 Incorporation
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§1141.40. Incorporation A. When immovable property is acquired by one or more persons acting in any capacity for and in the name of an association that is not duly incorporated, and the association is subsequently duly incorporated, the corporate existence of the association shal…
La. Rev. Stat. § 9:1141.41 Applicability; waiver
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§1141.41. Applicability; waiver This Subpart applies to all lots except as modified or waived by agreement of purchasers of lots in a planned community in which all lots are restricted to nonresidential use. Acts 2024, No. 158, §2, eff. Jan. 1, 2025.
La. Rev. Stat. § 9:1141.42 Public offering statement
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§1141.42. Public offering statement A. A declarant, before offering any interest in a lot to the public, shall prepare a public offering statement in accordance with R.S. 9:1141.43. B. A declarant who offers a lot to a purchaser shall deliver a public offering statement in accord…
La. Rev. Stat. § 9:1141.43 Public offering statement; requirements
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§1141.43. Public offering statement; requirements A. A public offering statement shall contain and fully and accurately disclose all of the following: (1) The name and principal address of the declarant and of the planned community, and a statement that the planned community is a…
La. Rev. Stat. § 9:1141.44 Purchaser's right to cancel
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§1141.44. Purchaser's right to cancel A. The person required to deliver a public offering statement shall provide a purchaser with a copy of the public offering statement and all amendments thereto at least fifteen days before transfer of the lot. A purchaser shall not be require…
La. Rev. Stat. § 9:1141.45 Express warranties of declarant
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§1141.45. Express warranties of declarant A. Express warranties made by a declarant to an unrelated purchaser, if relied upon by the unrelated purchaser, regardless of the delivery or receipt of a public offering statement, are created as follows: (1) Any affirmation of fact or p…
La. Rev. Stat. § 9:1141.46 Implied warranties
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§1141.46. Implied warranties Any limitation, modification, or exclusion of implied warranties shall be as provided by law. Acts 2024, No. 158, §2, eff. Jan. 1, 2025.
La. Rev. Stat. § 9:1141.47 Warranties
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§1141.47. Warranties A. Except as provided in Subsection G of this Section, the warranty period provided by law shall apply to this Part. B. The association may assert a claim to enforce any express or implied warranty involving the common areas and limited common areas that is e…
La. Rev. Stat. § 9:1141.48 Effect of violations on rights of action; attorney fees
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§1141.48. Effect of violations on rights of action; attorney fees A declarant, association, lot owner, or any other person who has suffered actual damages may bring an action to enforce a right granted or obligation imposed by this Subpart. The court may award reasonable costs an…
La. Rev. Stat. § 9:1141.49 Declarant's obligation to complete and restore
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§1141.49. Declarant's obligation to complete and restore A. Except for improvements labeled "NEED NOT BE BUILT" in any promotional materials or on a plat, the declarant shall complete all improvements depicted on any site plan or other graphic representation prepared by or at the…
La. Rev. Stat. § 9:1141.5 Contents of the declaration
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§1141.5. Contents of the declaration A. The declaration shall contain all of the following: (1) A statement submitting the immovable property to a planned community. (2) The name by which the planned community is to be identified, which shall include the phrase "planned community…
La. Rev. Stat. § 9:1141.50 Substantial completion of lots
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§1141.50. Substantial completion of lots A. In the case of a sale of a lot for which delivery of a public offering statement is required, a contract to sell may be executed, but the declarant shall transfer no interest in the lot until the declaration is filed for registry, the r…
La. Rev. Stat. § 9:1141.6 Allocation of common expense liabilities, common surpluses, and voting interest
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§1141.6. Allocation of common expense liabilities, common surpluses, and voting interest in the association A. The declaration shall allocate to each lot a fraction or percentage of the common expense liabilities, common surpluses, and voting interest in the association and shall…
La. Rev. Stat. § 9:1141.7 Exercise of development rights
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§1141.7. Exercise of development rights A. To exercise any development right reserved in R.S. 9:1141.5(A)(7), the declarant shall prepare, execute, and file for registry an amendment to the declaration in accordance with R.S. 9:1141.4(D). The amendment to the declaration shall as…
