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      RS 9:1122.105     


§1122.105.  Contents of the condominium declaration

A.  The condominium declaration shall contain or provide for the following matters:

(1)  A statement submitting the immovable property to a condominium regime.  

(2)  The name by which the condominium is to be identified, which name shall include the word "condominium" or be followed by the words "a condominium".  

(3)  A legal description of the land.  

(4)  An identification of each unit by letter, name or number, or combination thereof, so that no unit bears the same designation as any other unit.  

(5)  A written description delineating the precise boundaries of each unit and any limited common element appurtenant thereto.  

(6)  The undivided shares, stated as percentages or fractions, in the common elements which are a component part of each of the units.  

(7)  The proportions or percentages and the manner of sharing common expenses and owning common surplus.  

(8)  The proportionate voting rights of the unit owners in the association.  

(9)  The method of amendment of the condominium declaration.  

(10)  A plat of survey of the land and plans of the proposed or existing improvements complying with Section 1122.110.  

(11)  All matters required by Section 1122.106 in the event the declarant or an individual unit owner intends to reserve the right to change with respect to a unit or units, its percentage interest in the common elements, percentage of sharing of common surplus and common expense, and proportion of voting power in the association of unit owners.  

(12)  The reconstruction or repair of all or part of the condominium property after casualty and the disposition of the proceeds of casualty insurance required by Section 1123.112 among owners of destroyed or damaged units or to the owners of any common elements destroyed.  

(13)  The name of the association and the type of legal entity under which it is organized; if the association is not incorporated, the name and residence address of the person designated as agent to receive service of process upon the association, which agent must be a resident of the state of Louisiana; and

(14)  The procedure for collecting from the unit owners their respective shares of the common expenses assessed.  

B.  The condominium declaration may contain other provisions not inconsistent with this Section such as:

(1)  Those relating to the withdrawal of damaged or destroyed units from the condominium regime.  

(2)  The reallocation of the percentage interest in the common elements of the units so withdrawn to the unit owners remaining within the condominium regime, and the basis of the reallocation, and the release of any unit or units so withdrawn from their respective obligations for payment of their percentage share of the common expenses of the condominium property.  

(3)  The purpose or purposes for which the condominium property and units are intended.  

(4)  Procedures whereby a unit owner may convey his unit to the association and thereby release himself from any further obligation for the common expenses of the condominium.  

(5)  Designation of limited common elements.  

(6)  Responsibility for the maintenance and repair of units.  

(7)  Use restrictions, and

(8)  Limitations upon conveyance, sale, leasing, ownership, and occupancy of units.  

C.  Whenever additional immovable property is subjected to the condominium regime, an amendment to the condominium declaration shall be executed in accordance with Subsections A and B of this Section and filed for registry in the conveyance records in the parish in which the condominium is located.  

Acts 1979, No. 682, §1.  

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