Louisiana Revised Statutes 9:1141.8 – A. The community documents of residential planned communities shall have the force of law between the homeowners association and the individual lot owners and as between individual l
Terms Used In Louisiana Revised Statutes 9:1141.8
- association: means a nonprofit corporation, unincorporated association, or other legal entity, which is created pursuant to a declaration, whose members consist primarily of lot owners, and which is created to manage or regulate, or both, the residential planned community. See Louisiana Revised Statutes 9:1141.2
- Community documents: means the articles of incorporation, bylaws, plat, declarations, covenants, conditions, restrictions, rules and regulations, or other written instruments, including any amendment thereto, by which the association has the authority to exercise any of its powers to manage, maintain, or otherwise affect the association property or which otherwise govern the use of association property. See Louisiana Revised Statutes 9:1141.2
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lot: means any plot or parcel of land designated for separate ownership shown on a recorded subdivision plat for a residential development or the boundaries of which are otherwise described in a recorded instrument, other than common area, within the jurisdiction of the residential community as such area is described in the community documents. See Louisiana Revised Statutes 9:1141.2
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- planned community: means a real estate development, used primarily for residential purposes, in which the owners of separately owned lots are mandatory members of an association by virtue of such ownership. See Louisiana Revised Statutes 9:1141.2
A. The community documents of residential planned communities shall have the force of law between the homeowners association and the individual lot owners and as between individual lot owners. The remedies for breach of any obligation imposed on lot owners or the association shall include damages, injunctions, or such other remedies as are provided by law.
B. Notwithstanding any law or agreement to the contrary, provisions in the community documents restricting conveyance based on race or religion shall be void as provided by La. Rev. Stat. 9:2730.
C. A residential planned community acting through a majority vote of its full board membership, instead of a majority approval of the owners, may amend the community documents for the purpose of removing any restriction, covenant, or condition that prohibits or limits the conveyance, encumbrance, rental, occupancy, or use of immovable property on the basis of race, color, religion, sex, disability, familial status, or national origin as defined in the Louisiana Equal Housing Opportunity Act.
Acts 1999, No. 309, §2, eff. June 16, 1999; Acts 2022, No. 481, §1.