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La. Rev. Stat. § 9:1122.112 Termination; withdrawal
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§1122.112. Termination; withdrawal A. The condominium property or a portion thereof may be withdrawn from the provisions of this Part by the consent of all or a percentage of the unit owners and unit mortgage creditors as provided in the condominium declaration. B. To withdraw im…
La. Rev. Stat. § 9:1122.113 Alterations of units
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§1122.113. Alterations of units Subject to the provisions of the condominium declaration and other provisions of law, a unit owner: (1) May make any improvements or alterations to his unit that does not impair the structural integrity or mechanical systems or lessen the support o…
La. Rev. Stat. § 9:1122.114 Relocation of boundaries between adjoining units
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§1122.114. Relocation of boundaries between adjoining units A. Subject to the provisions of the condominium declaration and other provisions of law, the boundaries between adjoining units may be reallocated by an amendment to the condominium declaration upon written request to th…
La. Rev. Stat. § 9:1122.115 Subdivision or conversion of units
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§1122.115. Subdivision or conversion of units A. If the condominium declaration expressly so permits, a unit may be subdivided or converted into two or more units, common elements, or combination of one or more units and common elements. Subject to the provisions of the condomini…
La. Rev. Stat. § 9:1122.119 Amendment of declaration
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§1122.119. Amendment of declaration Except in cases of amendments that may be executed by declarant under R.S. 9:1122.110(C) or (D), or by the Association under R.S. 9:1121.107, 1122.107(B), 1122.114(A), or 1122.115, the declaration, including the plats and plans, may be amended …
La. Rev. Stat. § 9:1123.101 Organization of unit owners' association
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§1123.101. Organization of unit owners' association A unit owners' association shall be organized no later than the date the condominium is created. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the co…
La. Rev. Stat. § 9:1123.102 Powers of unit owners' association
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§1123.102. Powers of unit owners' association Subject to the provisions of the declaration, the association, even if unincorporated, may: (1) Adopt and amend bylaws and rules and regulations. (2) Adopt and amend budgets for revenues, expenditures, and reserves and make and collec…
La. Rev. Stat. § 9:1123.105 Termination of contracts and leases of declarant
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§1123.105. Termination of contracts and leases of declarant A contract for the maintenance, management, or operation of the condominium property or any lease of recreational or parking facilities entered into by the association while the association is controlled by the developer…
La. Rev. Stat. § 9:1123.106 Bylaws
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§1123.106. Bylaws A. The administration and operation of the condominium shall be governed by the bylaws. B. The bylaws shall provide for the form and manner of administration of the condominium. C. The bylaws may include other provisions deemed necessary or desirable for the adm…
La. Rev. Stat. § 9:1123.107 Upkeep of the condominium
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§1123.107. Upkeep of the condominium Except to the extent provided by the declaration, or R.S. 9:1123.112, the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair and replacement of…
La. Rev. Stat. § 9:1123.108 Association records
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§1123.108. Association records The association shall keep financial records sufficiently detailed to enable the association to comply with Section 1124.107. All financial and other records shall be made reasonably available for examination by any unit owner and his authorized age…
La. Rev. Stat. § 9:1123.112 Insurance
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§1123.112. Insurance A. Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available: (1) Property insurance on the common elements and units, exclusive of improvements …
La. Rev. Stat. § 9:1123.113 Fidelity bond or equivalent form of insurance required
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§1123.113. Fidelity bond or equivalent form of insurance required A. Any unit owners' association collecting assessments for common expenses shall obtain and maintain a blanket fidelity bond or other equivalent form of insurance covering the officers, directors, and persons emplo…
La. Rev. Stat. § 9:1123.115 Privilege on immovables
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§1123.115. Privilege on immovables A.(1) The association shall have a privilege on a condominium parcel for all unpaid or accelerated sums assessed by the association, any fines or late fees in excess of two hundred fifty dollars, and interest thereon at the rate provided in the …
La. Rev. Stat. § 9:1123.116 Privilege for utility assessments
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§1123.116. Privilege for utility assessments A. In addition to the privilege granted to an association on a condominium parcel for unpaid assessments provided in R.S. 9:1123.115, the association, provided that the association is in good faith regarding the management of the condo…
La. Rev. Stat. § 9:1124.101 Applicability; waiver
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§1124.101. Applicability; waiver A. This Subpart applies to all units subject to this Part, except as provided in Subsection B. B. A public offering statement need not be prepared or delivered in the case of: (1) A gratuitous transfer of a unit. (2) A disposition pursuant to cour…
La. Rev. Stat. § 9:1124.102 Public offering statement; general provisions
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§1124.102. Public offering statement; general provisions A. Prior to the initial sale or execution of a contract to purchase a condominium unit, the declarant shall provide a purchaser of a unit with a copy of the public offering statement containing or accurately disclosing: (1)…
La. Rev. Stat. § 9:1124.104 Public offering statement; conversion condominiums
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§1124.104. Public offering statement; conversion condominiums A. The public offering statement of a condominium containing any building that at any time before recording the declaration was occupied wholly or partially by persons other than purchasers and having greater than ten …
La. Rev. Stat. § 9:1124.105 Public offering statement; condominium securities
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§1124.105. Public offering statement; condominium securities If an interest in a condominium is currently registered with the Securities and Exchange Commission of the United States, a declarant satisfies all requirements of this Part relating to the preparation of a public offer…
La. Rev. Stat. § 9:1124.106 Purchaser's right to cancel
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§1124.106. Purchaser's right to cancel A. Unless delivery of a public offering statement is not required a declarant shall provide a purchaser of a unit with a copy of the public offering statement before conveyance of that unit, and not later than the date of any contract of sal…
La. Rev. Stat. § 9:1124.107 Resales of units
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§1124.107. Resales of units A. In the event of a resale of a unit by a unit owner other than a declarant, the unit owner shall furnish to a purchaser before execution of any contract to purchase a unit, or otherwise before conveyance, a copy of the declaration other than plats an…
La. Rev. Stat. § 9:1124.109 Privileges
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§1124.109. Privileges A. Subsequent to the filing for registry of the condominium declaration, and at all times during which the condominium property remains subject to this Part, no privileges of any nature shall arise or be created against the entire condominium property or the…
La. Rev. Stat. § 9:1124.115 Compliance with condominium declaration, bylaws, and administrative rules and regulations
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§1124.115. Compliance with condominium declaration, bylaws, and administrative rules and regulations A. The condominium declaration and bylaws shall have the force of law between the individual unit owners. The remedies for breach of any obligation imposed on unit owners or the d…
La. Rev. Stat. § 9:1131.1 Short title
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§1131.1. Short title This Part shall be known as and may be cited as the Louisiana Timesharing Act. Added by Acts 1983, No. 552, §1.
La. Rev. Stat. § 9:1131.10.1 Contracts for purchase of timeshare interests
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§1131.10.1. Contracts for purchase of timeshare interests No developer of a timeshare interest shall fail to utilize and furnish each purchaser a fully completed copy of a purchase contract pertaining to the sale, which contract shall include the following information: (1) The ac…
La. Rev. Stat. § 9:1131.11 Public offering statement; when not required
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§1131.11. Public offering statement; when not required A. The developer shall not be required to prepare and distribute a public offering statement if the developer has registered and there has been issued a public offering statement or similar disclosure document which is provid…
La. Rev. Stat. § 9:1131.12 Regulations of timeshare advertising
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§1131.12. Regulations of timeshare advertising A.(1) No person shall intentionally, directly or indirectly, authorize, use, direct, or aid in the dissemination, publication, distribution, or circulation of any statement, advertisement, radio broadcast, or telecast concerning a ti…
La. Rev. Stat. § 9:1131.13 Cancellation
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§1131.13. Cancellation A. Any purchase contract entered into by and between a developer and a purchaser or any purchase contract utilized pursuant to R.S. 9:1131.10.1 and 1131.18 shall be voidable by either party to the purchase contract, without penalty, within seven calendar da…
La. Rev. Stat. § 9:1131.16.1 Escrow of payments; escrow accounts; nondisturbance agreements; interests, liens, and encumbrances; alternative assurances
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§1131.16.1. Escrow of payments; escrow accounts; nondisturbance agreements; interests, liens, and encumbrances; alternative assurances A. Prior to the filing of the public offering statement with the Louisiana Real Estate Commission, the developer shall establish an independent e…
La. Rev. Stat. § 9:1131.17 Escrow account; establishment; claims for damages
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§1131.17. Escrow account; establishment; claims for damages A. The developer of a lease timeshare interest in a multiple use project in Louisiana and the developer of each timeshare plan that has timeshare property located in Louisiana or who maintains a sales office in Louisiana…
La. Rev. Stat. § 9:1131.18 Resales of timeshares
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§1131.18. Resales of timeshares A. Except in the case of a sale where delivery of a public offering statement is required or which is subject to the exemptions of R.S. 9:1131.11 (A) and (B)(2)-(5), a seller of a timeshare interest in timeshare property in Louisiana shall furnish …
La. Rev. Stat. § 9:1131.19 Privileges
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§1131.19. Privileges A. In the case of a sale of a timeshare interest in timeshare property in Louisiana when delivery of a public offering statement is required, a developer shall, before transferring a timeshare interest, record, or furnish to the purchaser, releases of all pri…
La. Rev. Stat. § 9:1131.2 Definitions
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§1131.2. Definitions As used in this Part: (1) "Affiliate" means any person who controls, is controlled by, or is under common control with a developer. (a) A person "controls" a developer if the person: (i) is a general partner, officer, director, or employer of the developer; (…
La. Rev. Stat. § 9:1131.20 Management and operation of the timeshare plan
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§1131.20. Management and operation of the timeshare plan A. All timeshare plans having more than twelve timeshare interests shall have an association of owners. If the number of timeshare interests in the timeshare plan is twelve or fewer, the owners may form an association. B. A…
La. Rev. Stat. § 9:1131.21 Assessment for timeshare interest expenses
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§1131.21. Assessment for timeshare interest expenses A. Until timeshare expense assessments are made against the timeshare interests, the developer shall pay all timeshare expenses. After any timeshare expense assessment has been made against the owners, timeshare expense assessm…
La. Rev. Stat. § 9:1131.22 Privilege for assessments
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§1131.22. Privilege for assessments A. A person who has a duty to make assessments for timeshare expenses has a privilege on a timeshare interest for any assessment levied against that timeshare interest or fines imposed against its owner from the time the assessment or fine beco…
La. Rev. Stat. § 9:1131.23 Insurance
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§1131.23. Insurance A. Commencing not later than the time of the first conveyance of a timeshare interest in timeshare property located in Louisiana to a person other than a developer, the timeshare association shall maintain the following: (1) Property insurance covering the tim…
La. Rev. Stat. § 9:1131.24 Requirements where developer's interest in the timeshare property is a leasehold interest
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§1131.24. Requirements where developer's interest in the timeshare property is a leasehold interest A. If the interest which the developer holds in the timeshare property is a leasehold interest, the lease, or an amendment or supplement thereto, must contain a purchaser protectio…
La. Rev. Stat. § 9:1131.25 Remedies
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§1131.25. Remedies A. The remedies provided herein shall be in addition to any other remedies provided by law. B. The timeshare declaration and bylaws shall have the force of law between the individual owners. The remedies for breach of any obligation imposed on owners or the dev…
La. Rev. Stat. § 9:1131.26 Louisiana Real Estate Recovery Fund; exemption
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§1131.26. Louisiana Real Estate Recovery Fund; exemption The Louisiana Real Estate Recovery Fund, R.S. 37:1461 et seq., is hereby exempt from1 and no claim shall be made against the fund for any damages arising from the sale of a timeshare interest to the extent such claim is a c…
La. Rev. Stat. § 9:1131.28 Recordation
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§1131.28. Recordation For timeshare plans located inside and outside the state of Louisiana, the developer shall record the instrument conveying the timeshare interest to the purchaser with the appropriate recording agency within ninety days after the closing of the transaction. …
La. Rev. Stat. § 9:1131.29 Waiver prohibited
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§1131.29. Waiver prohibited The Louisiana Timesharing Act is enacted to protect the public welfare. No person shall solicit any waiver of its provisions which protect the purchaser. Any waiver of its provisions shall be without effect. Acts 1984, No. 943, §3, eff. July 20, 1984.…
La. Rev. Stat. § 9:1131.3 Applicability and scope
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§1131.3. Applicability and scope A. This Part shall apply to the sale, offer to sell, or solicitation of persons for the sale of any timeshare interest in immovable property located in Louisiana, and to the sale, offer to sell, or solicitation of persons in Louisiana for the sale…
La. Rev. Stat. § 9:1131.30 Preservation of claims and defenses
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§1131.30. Preservation of claims and defenses A. Any cause of action or defense, for which the remedy of rescission of a sale is provided in the Louisiana Condominium Act,* which a purchaser may raise against a timeshare interest seller arising out of a timeshare interest sale is…
La. Rev. Stat. § 9:1131.4 Creation of a timeshare plan
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§1131.4. Creation of a timeshare plan A.(1) No person shall offer for sale, sell, offer to sell, or attempt to solicit any person located in Louisiana to purchase a timeshare interest in a timeshare property unless: (a) Such timeshare interest offered by such person for sale is p…
La. Rev. Stat. § 9:1131.5 Construction and validity of declaration
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§1131.5. Construction and validity of declaration A. All provisions of the declaration are severable. B. The effectiveness of the timeshare declaration and merchantability of title to a timeshare interest are not affected by reason of an insubstantial failure of the declaration t…
La. Rev. Stat. § 9:1131.6 Description of timeshare property
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§1131.6. Description of timeshare property A. After the declaration is properly filed for registry, a description of the timeshare property that sets forth the name of the timeshare property, the place of recordation of the declaration, and the parish in which the timeshare prope…
La. Rev. Stat. § 9:1131.7 Partition
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§1131.7. Partition The timeshare property subject to an ownership timeshare interest shall remain undivided and shall not be subject to partition until the termination of the timeshare plan as provided for in R.S. 9:1131.8(F) or as otherwise provided for in the timeshare document…
La. Rev. Stat. § 9:1131.8 Termination
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§1131.8. Termination A. Except as otherwise provided, a timeshare plan shall terminate at the end of the term of the timeshare plan as set forth in the timeshare declaration, or prior to the end of the term: (1) As provided in the timeshare documents. (2) Upon entry of a final ju…
La. Rev. Stat. § 9:1131.9 Tax assessment and payment
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§1131.9. Tax assessment and payment A. All kinds of taxes and special assessments authorized by law shall be assessed against the timeshare property as a single entity unless the timeshare property is subject to the Louisiana Condominium Act, R.S. 9:1121.101 et seq., in which cas…
