House Bill No. 57 amends and reenacts sections R.S. 9:1145 and 1147 concerning homeowners associations in Louisiana. The bill establishes that if a lot owner fails to pay dues or charges, the association must send a written demand for payment via certified mail or commercial courier. The owner is given a thirty-day period to respond with payment before the association can file a sworn detailed statement to secure a privilege on the lot for unpaid dues, which includes legal interest and reasonable attorney fees. Additionally, the bill allows the court to award costs and attorney fees to the prevailing party in related legal actions.
The bill also modifies the time period for preserving the privilege against a lot for charges related to alleged violations of community documents. It reduces the preservation period from five years to one year after the recordation of a sworn statement, with the requirement that a suit to enforce the privilege must be filed within this one-year timeframe. However, the five-year preservation period remains for dues, fees, or assessments related to maintenance and improvements, with similar enforcement requirements.
Statutes affected: HB57 Original:
HB57 Engrossed:
HB57 Reengrossed:
HB57 Enrolled:
HB57 Act :