How do I dispute an HOA assessment or fine in Louisiana?
Louisiana applies its civil-law tradition to common-interest communities — building restrictions under the Civil Code, not English equitable servitudes, govern HOA covenants.
1. Governing Statute
2. CC&Rs and Building Restrictions
"Building restrictions" must be recorded in the conveyance records (Civ. Code art. 776). They run with the land in perpetuity unless the act of restrictions provides otherwise or 2 years pass without enforcement of a violation (liberative prescription under Civ. Code art. 781). HOA Act applies the recorded declaration with statutory backstop on certain governance issues.
3. Common Disputes
Architectural changes, fencing, exterior color, parking, pets, lease restrictions, assessment increases, fines (must be authorized by declaration and reasonable — § 9:1141.5), late fees.
4. Internal Dispute Resolution
The HOA Act requires the board to give notice and opportunity to be heard before imposing a fine or sanction (§ 9:1141.5). The Condominium Act similarly requires due process before fines (§ 9:1123.102).
5. Alternative Dispute Resolution
ADR is not statutorily mandated. Many declarations require mediation. Louisiana Arbitration Act (La. Rev. Stat. §§ 9:4201-9:4217) enforces arbitration clauses. Louisiana Code of Civil Procedure articles 1421-1474 cover discovery and case management toward ADR.
6. Lien & Foreclosure
Condo association has a statutory privilege (Louisiana term for lien) for unpaid common expenses (§ 9:1123.115). Six months of regular assessments have priority over a first mortgage (Louisiana super-lien — § 9:1123.115(B)). Enforcement is via executory or ordinary process; nonjudicial sale is generally not available — Louisiana requires sheriff's sale after judgment. HOA Act allows the association to record a privilege per the declaration.
7. Open Meeting & Record Inspection
HOA Act and Condominium Act provide for member access to financial records and minutes (§ 9:1141.6 HOAs; § 9:1123.108 condos). Board meetings are governed by the declaration.
8. Statutory Caps
Solar (La. Rev. Stat. § 9:1141.8 — HOA may not prohibit installation of solar collectors on residential property, may impose reasonable aesthetic restrictions). Flag display (federal Freedom to Display Act). Satellite dishes (federal OTARD).
9. Lawsuit Remedies
Declaratory judgment (La. Code Civ. P. art. 1871), injunction, breach of fiduciary duty against directors (La. Rev. Stat. § 12:226 — nonprofit corp duty), and attorney's fees when the declaration, bylaws, or statute (§ 9:1123.115(F)) provide.
This is legal information, not legal advice.
- Sheriff's sale scheduled after executory process judgment
- Building restriction enforcement challenged under 2-year liberative prescription
- Disputed special assessment for major repair without proper authorization
- La. Rev. Stat. §§ 9:1121.101 to 9:1124.115 (Condominium Act)
- La. Rev. Stat. §§ 9:1141.1 to 9:1141.9 (HOA Act)
- La. Rev. Stat. § 9:1123.115 (condo super-lien)
- La. Civ. Code arts. 775-783 (building restrictions)
- La. Rev. Stat. § 9:1141.8 (solar)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.