Louisiana HOA Laws: A Comprehensive Guide

Homeowners associations (HOAs) are involved in the management and regulation of planned housing developments in Louisiana. Because these organizations can have an impact on the lives of residents, most states control their operations.

To ensure that your HOA complies with the state laws set by the Louisiana government, it's important to have a good understanding of them. In this article, we will shed some light on Louisiana HOA laws, rules, and regulations to help you improve your knowledge.

Understanding Homeowners Associations

Before we get to the relevant laws, we want to first make sure that you know exactly what a homeowners association is.

These private entities are established for the betterment of a community or neighborhood and can impose rules, building restrictions, architectural restraints, and more to maintain a certain standard of living. The goal of a homeowners association is also to maintain property values so they can be incredibly beneficial to the community.

HOA Governing Documents

As we have already mentioned, these organizations are regulated by Louisiana HOA laws, but they are also subject to their own homeowners association governing documents. These community documents typically include the following:

• Declaration of Covenants, Conditions, and Restrictions (CC&R)
• Bylaws
• Articles of Incorporation

State Laws You Should Know About

Residential condominiums and homeowners associations in Louisiana are required to follow these laws:

Louisiana Homeowners Association Act

The Louisiana Homeowners Association Act, which is located in Title 9 of Section 1141 in the Louisiana Revised Statutes, governs community associations in the state of Louisiana. This statute covers residential planned communities that have filed their own declarations and governing documents.

Louisiana Nonprofit Corporation Act

The Louisiana Nonprofit Corporation Act regulates HOAs in Louisiana in terms of their corporate structure and practices. It governs nonprofit corporations, as are the majority of HOAs in Louisiana.

Louisiana Business Corporation Act

This legislation administers organizations in terms of their corporate form and procedures.

Community associations in the state must be established as either unincorporated associations, nonprofit corporations, or other types of legal entities according to the declaration and are thus subjected to the Business Corporations Act.

Keep in mind that when a condominium is formed in the state of Louisiana, it may be organized as a for-profit or nonprofit corporation. It may also be set up as an unincorporated association.

Louisiana Condominium Act

The Louisiana Condominium Act pertains to residential condominiums and establishes a regulatory structure for, among other things, the creation of such entities, the allocation of interest, expenditures, and voting rights.

It also addresses issues such as the administration of these organizations, their authority, and purchaser protection.

Louisiana Residential Property Disclosure Act

This legislation controls the responsibilities of the seller of a residential property, including the following: 

• The delivery of a disclosure statement, 
• The cancellation of a property contract, 
• The details included in the agreement, as well as any inaccuracies,
• The mandatory disclosure of data about HOAs, and
• The seller's liability.

Louisiana Equal Housing Opportunity Act

Housing discrimination on the basis of familial status, race, national origin, religion, disability, or sex is strictly prohibited under the provisions of this law. The act is comparable to the federal Fair Housing Act (FHA), and it gives homeowners state-level prohibitions.

HOA Fees and Fines

Community associations in Louisiana may penalize homeowners for unpaid assessments or poor care of shared spaces. The monetary value of such fees, as well as the requirements for HOA notices, will almost certainly be specified in the HOA's governing documents.

With regard to past-due fines, the homeowner's association must provide a written notification to the homeowner detailing the amount outstanding. The individual will then have 30 days in which to make payment.

Suppose the property owner fails to settle their dues. In that case, the association may file a sworn statement with the court to recover the outstanding expenses. However, it's important to remember that homeowners associations are not permitted to prohibit the display of the national flag, provided it is done according to the guidelines set out by the federal flag law.

HOAs are also not permitted to ban the installation of antennas, satellite dishes, and solar panels but may include guidelines in their governing documents on how such devices are to be displayed.

Liens and Foreclosures

A homeowners association in Louisiana has the authority to seize a homeowner's home should he or she fail to pay their dues. In such a case, the HOA has the authority to place a lien on the home. When a lien is placed on the property, it can be foreclosed if the lien is not addressed.

About DoorLoop's HOA Tools

Understanding Louisiana HOA laws and regulations is the first step to ensuring compliance. However, it doesn't stop there. You will also need to follow the recommendations laid out in these laws. To do so, it's important to have access to the right tools.

At DoorLoop, we are in the business of connecting property managers, board members, and executives to the software they need to be successful. With powerful tools, such as accounting functions, communication portals, storage solutions, and so much more, you can ensure that you have everything you need.

What's more, DoorLoop's HOA management software is competitively priced, so you can ensure that you are getting incredible value for money.

If you would like to experience DoorLoop for yourself with a FREE demo or would like to know more, please do not hesitate to get in touch with us!

Final Thoughts

If you hold a management position in a residential property owners association, then it's important that you have a comprehensive understanding of the laws of the land.

Because there may be other legal obligations that must be met, we highly recommend obtaining advice from a reliable lawyer who can provide further insight and ensure that your homeowners' association in Louisiana meets the requirements of these laws.

Then, when you're ready to get your HOA in order, contact DoorLoop to learn more about our intuitive property management software!

Frequently Asked Questions

1. Where can I find HOA documents in Louisiana?

You can obtain an HOA's governing documents from the local county recorder's office. To be legally binding, the CC&Rs of the HOA will have to be filed with the county land records.

2. Why is it important for a community association leader to understand Louisiana HOA laws?

Understanding Louisiana HOA regulations is critical for an association manager, board member, or executive to effectively address legal complexities. Federal district court decisions frequently establish precedents that influence local laws.

A community leader who is familiar with Louisiana HOA rules may interpret and administer them in accordance with national rulings, ensuring the community's legal standing.

This understanding protects the organization against any disagreements, fines, or legal challenges. It promotes compliance, openness, and fair governance, laying the groundwork for strong community connections.

3. Can an HOA foreclose on a home in Louisiana?

Yes. HOAs have the power to place a lien on a homeowner's property if they fail to pay their dues, and a failure to address this lien could lead to foreclosure.

4. Is HOA membership mandatory in Louisiana?

There are no state laws that dictate whether HOA membership is mandatory, so it is left to each homeowners association to decide. If a homeowner moves to a neighborhood regulated by an HOA that makes it mandatory to join, he or she will be obligated to become a member.