HOA LAWS AND RESOURCES

  • Federal Laws - In addition to state law regulations, the federal government has laws governing the operation and management of common interest communities, condominiums, cooperatives, and residential properties in Louisiana.

  • Louisiana Condominium Act, La. R.S. §§ 9:1121.101 et seq.: The Act applies to residential condominiums and provides a legal framework for, without limitation, formation, apportionment of interest, common expenses, and voting rights; association administration and powers; and purchaser protection.

  • Louisiana Homeowners Association Act, La. R.S. §§ 9:1141.1 et. seq.: The Act governs the formation, management, powers, and operation of homeowners’ associations in Louisiana.

  • Louisiana Business Corporation Act, La. Rev. Stat. § 12:1-101 through 1-1704. The Act governs corporations with regard to corporate structure and procedure. Homeowners’ associations in Louisiana must be organized as either nonprofit corporation, unincorporated association, or other legal entity created by the declaration (La. R.S. 9:1141.2(5)) and are therefore subject to the Business Corporations Act. Condominium associations in Louisiana may organize as either profit or nonprofit corporations or unincorporated associations when the condominium is created. La.R.S. 9:1123.101, 102.

  • Louisiana Nonprofit Corporation Act, La. R.S. §§ 12:201 et. seq.: The Act governs nonprofit corporations with regard to corporate structure and procedure. If an association is a nonprofit, as with most Louisiana associations, it will be governed by the Louisiana Nonprofit Corporation Act.

  • Louisiana Residential Property Disclosure Act, La. R.S. 9:3196, et seq.: The law governs the duties of the seller of residential property; delivery of property disclosure document; termination of real estate contract; information contained in document and inaccuracies; required disclosure of information relative to homeowners' associations; liability of seller.

  • Louisiana Equal Housing Opportunity Act, La. R.S. §§ 51:2601, et seq.: The law protects people from housing discrimination based on race, color, religion, sex, disability, familial status, or national origin. The Act provides state-level protections similar to the federal Fair Housing Act (FHA).

    Victims of housing discrimination can file a complaint with the Louisiana Attorney General's Office or HUD within one (1) year from the date of the discriminatory act. Victims may also file a private lawsuit in the federal district court within two (2) years of the discriminatory act.

SOLAR PANELS

  • Louisiana Solar Collectors; Right of Use, La. R.S. § 9:1255. The law provides limitations to restrictions on the right of a property owner to install or use a solar collector. Law statute excludes property or areas which have been identified as historic districts, historical preservations or landmarks by any historic preservation district commission, landmarks commission, or the planning or zoning commission of a governing authority.

  • Louisiana Department of Natural Resources - The office provides renewable energy information and resources.

LEGAL RESOURCES

GOVERNMENT AGENCIES & RESOURCES

HOA CONTACT INFORMATION AND DOCUMENTS

  • HOA Directory - Homeowners can enter the name of the community or subdivision to find the association’s contact information, list of board members, and corporation documents, such as the association’s articles of incorporation.

  • HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.