NOTE: §1141.4 eff. until Jan. 1, 2025. See Acts 2024, No. 158.

SUBPART B. BUILDING RESTRICTIONS

§1141.4. Building restrictions; matters of interpretation

            The existence, validity, or extent of a building restriction affecting any association property shall be liberally construed to give effect to its purpose and intent.

NOTE: §1141.4 as amended by Acts 2024, No. 158, eff. Jan. 1, 2025.

SUBPART B. CREATION, AMENDMENT, AND TERMINATION

§1141.4. Creation, alteration, and termination of a planned community

            A. A planned community is established by the execution of a declaration by all owners of the immovable property to be affected or by the lessee in the case of a leasehold planned community. The declaration shall be effective when filed for registry in the conveyance records of each parish in which any portion of the immovable property is situated.

            B. All provisions of the declaration are severable. The effectiveness of the declaration is not affected by an insubstantial failure of the declaration to comply with this Part.

            C. If a conflict exists between the declaration and any other community document, the declaration shall prevail.

            D.(1)(a) The recorder shall index the initial declaration and plat in the conveyance records in the names of the declarant, the planned community, each owner of the immovable property subject to the declaration, and the association.

            (b) The recorder shall index an amendment to the declaration or the plat or a termination of the declaration in the index of the conveyance records in the names of the declarant, the planned community, and the association. If an amendment relocates the boundary of a lot, incorporates common areas into a lot, adds additional property, or withdraws a lot from the community, the recorder shall also index the amendment in the name of each owner of each lot affected by the amendment.

            (c) An indexing error shall not impair the effect of recordation of the document.

            (2) The grant of a security right by the association shall comply with registry requirements of law, including filings in accordance with the Uniform Commercial Code - Secured Transactions.

            Acts 1999, No. 309, §2, eff. June 16, 1999; Acts 2024, No. 158, §2, eff. Jan. 1, 2025.