Title 9, Civil Code-Ancillaries
0 chapters · 2,355 sections in this title.
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…
La. Rev. Stat. § 9:1141.8 Limited common areas
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§1141.8. Limited common areas A. The declaration shall specify to which lot each limited common area is allocated. An allocation may not be altered without the consent of all of the lot owners whose lots are directly affected. B. A limited common area may be reallocated upon requ…
La. Rev. Stat. § 9:1141.9 Plats
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§1141.9. Plats A. Each plat shall be clear and legible and shall show all of the following: (1) The name and a survey of the entire planned community, including the designation of all lots, commons areas, and limited common areas. (2) The extent of any encroachments by or upon an…
La. Rev. Stat. § 9:1145 Privileges; enforcement
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§1145. Privileges; enforcement A. This Part authorizes associations, including associations organized in accordance with R.S. 9:1123.101 or 1141.19, to enforce the payment of assessments authorized in the community documents. A privilege in favor of the association shall arise on…
La. Rev. Stat. § 9:1146 Demand; privilege; notice
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§1146. Demand; privilege; notice A. When an owner has failed to pay the charges, expenses, or dues imposed upon his lot or unit, the association shall make written demand for past due charges, expenses, or dues owed by any of the following methods: (1) United States mail postage …
La. Rev. Stat. § 9:1147 Sworn detailed statement; filing
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§1147. Sworn detailed statement; filing A. The sworn detailed statement of privilege shall be signed and verified by an officer or agent of the association and filed for registry in the mortgage records of the parish in which the lot or unit is located. The statement of privilege…
La. Rev. Stat. § 9:1148 Privilege; time periods; rank
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§1148. Privilege; time periods; rank A.(1) Except as provided in Subsection B of this Section, if the assessment is imposed for alleged violations of community documents, the effect of recordation of a statement of privilege shall cease and the privilege preserved by it shall be …
La. Rev. Stat. § 9:1149.1 Short title
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§1149.1. Short title This Part shall be known and may be cited as the "Factory-Built Home Property Act." Added by Acts 1982, No. 524, §1, eff. July 22, 1982; Acts 2024, No. 287, §2.
La. Rev. Stat. § 9:1149.2 Definitions
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§1149.2. Definitions In this Part, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) "Certificate of title" means a vehicle certificate of title as provided for in R.S. 32:701 et seq. (2) "Commissioner" means the director of…
La. Rev. Stat. § 9:1149.3 Classification
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§1149.3. Classification Except as otherwise provided in R.S. 9:1149.6, when any factory-built home is moved to and located upon immovable property, the factory-built home shall remain movable. Added by Acts 1982, No. 524, §1, eff. July 22, 1982; Acts 1989, No. 137, §4, eff. Sept.…
La. Rev. Stat. § 9:1149.4 Presumption of grant of interest
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§1149.4. Presumption of grant of interest It shall be presumed that any transfer of an immovable on which a nonimmobilized factory-built home is located includes all of the transferor's interest in the factory-built home, subject to the rights of third persons in the factory-buil…
La. Rev. Stat. § 9:1149.5 Security interests
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§1149.5. Security interests A security interest in a factory-built home shall be effective as to third persons and shall take its rank and priority as provided in Uniform Commercial Code - Secured Transactions, R.S. 10:9-101 et seq. Added by Acts 1982, No. 524, §1, eff. July 22, …
La. Rev. Stat. § 9:1149.6 Immobilization; declaration
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§1149.6. Immobilization; declaration A. A factory-built home shall be immovable when there is a declaration by the owner of the factory-built home filed for registry in the conveyance records of the parish in which the immovable to which the factory-built home is attached is loca…
La. Rev. Stat. § 9:1149.7 Deimmobilization; declaration; detachment or removal
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§1149.7. Deimmobilization; declaration; detachment or removal A. The owner of the immovable upon which a factory-built home is immobilized may deimmobilize the factory-built home by filing a declaration of deimmobilization in the conveyance records of the parish in which the immo…
La. Rev. Stat. § 9:1151 Change in ownership of land or water bottoms as result of action of navigable stream, bay, lake, sea, or arm of the sea; mineral leases
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§1151. Change in ownership of land or water bottoms as result of action of navigable stream, bay, lake, sea, or arm of the sea; mineral leases In all cases where a change occurs in the ownership of land or water bottoms as a result of the action of a navigable stream, bay, lake, …