In Louisiana, certain planned communities are governed by a homeowners association (HOA). Their powers and responsibilities vary based on the property type and governing documents.
Who Regulates HOAs in Louisiana?
In Louisiana, HOAs are regulated by the Louisiana Homeowners Association Act found in Title 9 Section 1141 of the Louisiana Revised Statutes. This act governs residential planned communities where the declarations have been filed and governing documents also hold authority.
HOAs traditionally have documents that regulate themselves. Every HOA is different, however, the governing documents typically include: Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restriction, and other rules.
HOAs in Louisiana may be subject to applicable federal laws such as:
HOAs may be subject to certain state laws such as:
How to Find HOA Regulations in Louisiana
HOA governing documents are public records in Louisiana. These documents can be obtained directly from the HOA.
HOAs are required to file certain documents with the Louisiana Secretary of State to be considered valid and active. These documents can be obtained by written request via mail or online through the Commercial Database.
HOA Powers in Louisiana
In Louisiana, HOAs have the power to:
- Regulate common areas
- Collect charges for the maintenance of common areas
- Collect payments for common assessments
- Levy reasonable fines
Also, HOA governing documents can grant more powers such as restrictions on exterior paint colors, fencing, membership, and parking requirements.
Can an HOA Impose Fines on a Homeowner in Louisiana?
In Louisiana, HOAs can impose fines on a homeowner for unpaid assessments or maintenance of common areas. The HOA’s governing documents will also likely note the amount for such fees.
For fines that are past due, the HOA must deliver a written notice to the owner containing the amount owed. The homeowner will have 30 days to make a payment. If no payment is made, the HOA can take legal action by filing a sworn statement with the court to obtain the unpaid expenses.
An HOA cannot fine a homeowner for (or generally prohibit) any of the following:
- Installing solar panels
- Installing satellite dishes and antennas
- Displaying the American flag as long as it is consistent with federal flag display law
Reasonable rules and regulations about the placement, manner, and display of the American flag, solar panels, and satellite dishes and antennas may be included in the HOAs governing documents.
Can an HOA Take a Homeowner’s House in Louisiana?
In Louisiana, an HOA can take a homeowner’s house. HOAs have the power to place a lien on a property when the owner neglects to pay their dues. Once a lien has been imposed on a property, it can foreclose.
An HOA cannot evict a homeowner. If an HOA directly leases a residence to a tenant, they may be able to evict the tenant. For example, an HOA may be able to evict a tenant if the lease was not properly authorized by the HOA. In addition, the HOA may have other powers or restrictions regarding rental properties in its governing documents.
Can an HOA Enter a Homeowner’s Property in Louisiana?
There is no state provision in Louisiana that governs HOAs entering a homeowner’s property. Clauses of if, when, and how an HOA can enter a homeowner’s house will be listed in its governing documents.
Typically, an HOA may be able to enter a homeowner’s property in case of emergency, maintenance, or violation of any rules or regulations.
Except in the case of an emergency, reasonable notice should be provided to the homeowner before the HOA is to enter the property. A reasonable timeline can range depending on the reason for entry between three days and a couple of weeks.
Where Do Homeowners File Complaints Against Their HOA in Louisiana?
The appropriate agency to file a complaint against an HOA depends on the type of complaint.
If a homeowner feels they are a victim of housing discrimination, they can file a complaint with the Louisiana Fair Housing Action Center, the U.S. Department of Urban Housing, or file a private lawsuit in Louisiana state or federal court.
For complaints concerning HOA fees, a homeowner can file a complaint directly with their HOA, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners may also file in state or federal court within one year of the violation date.
A homeowner can bring all other complaints to state court in the appropriate jurisdiction by filing a claim.
Joining and Leaving an HOA in Louisiana
In Louisiana, there is no state statute on joining or leaving an HOA. These clauses are determined by the HOA’s governing documents. Documents explaining the HOA and its membership rules should be presented at the closing for a new owner’s home purchase.
Usually, there are two types of HOAs that govern joining and leaving clauses:
- Mandatory HOAs. When a person buys a home, they automatically become a member required to abide by any HOA rules listed in the governing documents. This usually includes that a homeowner is not able to leave the HOA freely.
- Voluntary HOAs. When a person buys a home, membership is a choice for each homeowner. If they choose to become a member, they may leave at any time by stopping their payments with the HOA.
To leave a mandatory HOA, a homeowner can sell their house or try to petition the court to have their home removed. However, there is no guarantee the petition will be granted.
How to Dissolve an HOA in Louisiana
The process for dissolution of an HOA in Louisiana may be set forth in the HOA’s governing documents. If it is not, dissolution must be authorized by a vote of ⅔ or more from HOA members at a meeting.
If authorized, a notice of authorization of the dissolution needs to be published in at least one newspaper where the HOA property is located. A copy of the notice and an affidavit from the newspaper publisher then needs to be filed with the Louisiana Secretary of State.
Once all fees and charges have been paid from the HOA, a certificate of dissolution also needs to be filed with the Secretary of State and the office of the recorder of mortgages in the parish where the property is located. The HOA is considered dissolved once the proper documents have been filed with the appropriate agencies.
Sources
- 1 La. Rev. Stat. § 9:3198
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(3) The statement shall inform the purchaser that the information included in the disclosure statement relative to any homeowners’ association is summary in nature and that the covenants and association governing documents are a matter of public record. The statement shall further inform the purchaser how such documents can be obtained. (3) The statement shall inform the purchaser that the information included in the disclosure statement relative to any homeowners’ association is summary in nature and that restrictive covenants and building restrictions are a matter of public record. The statement shall also include notification to the purchaser that homeowners’ association governing documents may be requested from the seller and how to obtain documents regarding any restrictive covenants and building restrictions governing the property to be purchased.
Source Link - 2 La. Rev. Stat. § 9:1141.5
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B. Such building restrictions may include the imposition of an affirmative duty, including the affirmative duty to pay monthly or periodic dues or fees, or assessments for a particular expense or capital improvement, that are reasonable for the maintenance, improvement, or safety, or any combination thereof, of the planned community. C. Such building restrictions may also regulate the building standards, specified uses, and improvements of common areas of a homeowners association, including but not limited to the regulation of passage, ingress, and egress upon common areas, streets, and street rights-of-way.
Source Link - 3 La. Rev. Stat. § 9:1145
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A.(1) If an individual lot owner has failed to pay the charges, expenses, or dues imposed upon his lot by the association of owners of lots in a residential or commercial subdivision, the association shall deliver a written demand for past due charges, expenses, or dues owed to the association to the owner… (2) The individual lot owner shall have thirty days after delivery of the written demand to deliver payment for the amount owed to the association. After the thirty days has run, the association may file a sworn detailed statement… For actions brought pursuant to this Section, the court may award the prevailing party costs of court, reasonable attorney fees, and other related costs, as well as any other sanctions and relief…
Source Link - 4 La. Rev. Stat. § 9:1255
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A. For purposes of this Section, “solar collector” means any device or combination of elements which relies on sunlight as an energy source. B. No person or entity shall unreasonably restrict the right of a property owner to install or use a solar collector.
Source Link - 5 Over-the-Air Reception Devices Rule (OTARD Rule)
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 6 4 U.S.C. § 5
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A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
Source Link - 7 Louisiana HOA and COA Foreclosures
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Once a COA or HOA has a lien, it may foreclose… An HOA must initiate an action to enforce the lien within five years after recording the privilege.
Source Link - 8 When You Must Allow an HOA Representative to Enter Your Unit
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…an HOA representative can enter an owner’s unit in emergency situations, or for health and safety reasons… Many HOAs also have the right to enter an owner’s unit to maintain common elements… An HOA might also have the right to enter an owner’s unit to inspect for a violation of the development’s rules or regulations. Normally this is allowed only if the HOA has good reason to believe a violation is occurring… State statutes commonly require that HOAs provide an owner with “reasonable” notice. What’s considered “reasonable” depends on the situation. For example, prior notice of between three days and a week might be reasonable for an HOA wishing to enter an owner’s unit to perform periodic common area maintenance… if immediate entrance is necessary for health or safety reasons (such as if there is a fire in the unit), minimal or no notice is probably acceptable.
Source Link - 9 Can you refuse to join an HOA?
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… membership in voluntary HOAs is optional… If you enter into a voluntary HOA, you can leave whenever you want by stopping your payments, although you’ll stop receiving the benefits of the HOA… When you buy a house in a community governed by a mandatory HOA, you automatically become a dues-owing HOA member. When you become a member, you stay a member for as long as you own the property or until the HOA is dissolved (which is very rare). At your home’s closing, you will have to sign documents agreeing to abide by the HOAs rules and pay any assessments, fees, or fines associated with the HOA or incurred by violating HOA rules…. Unless you can gain enough support in your community to let you leave the HOA voluntarily, you will have to hire an attorney to try to convince a judge that you should be allowed to leave.
Source Link - 10 La. Rev. Stat. § 12:250
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A. A voluntary proceeding for dissolution may be commenced upon authorization by the members… may be given only by two-thirds in interest of the voting members present… (1) Notice of authorization of the dissolution… has been published at least once in a newspaper of general circulation in the parish in which the corporation’s registered office is located… A certificate that the dissolution has been authorized… filed with the secretary of state, who, after all fees and charges have been paid as required by law, shall record the same in his office and endorse thereon the date of filing thereof with him… A copy of the certificate… certified by the secretary of state, shall be filed for record in the office of the recorder of mortgages of the parish in which the corporation has its registered office…
Source Link - 11 La. Rev. Stat. 12:256
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C. Upon issuance of the certificate of dissolution, the corporate existence shall cease as of the effective date stated in the certificate, except for the sole purpose of any action or suit commenced theretofore by, or commenced timely against, the corporation.
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