PART III. PRIVILEGES ON IMMOVABLES FOR CHARGES

OR DUES OF ASSOCIATION OF OWNERS

§1145. Association of owners; privilege; notice to owner; definition

            A.(1) If an individual lot owner has failed to pay the charges, expenses, or dues imposed upon his lot by the association of owners of lots in a residential or commercial subdivision, the association shall deliver a written demand for past due charges, expenses, or dues owed to the association to the owner by certified or registered mail, by commercial courier as defined in Code of Civil Procedure Article 1313, or at the address and method on file with the association.

            (2) The individual lot owner shall have thirty days after delivery of the written demand to deliver payment for the amount owed to the association. After the thirty days has run, the association may file a sworn detailed statement in accordance with this Part.

            B. Upon the filing of a sworn detailed statement in accordance with this Part, an association of owners of lots in a residential or commercial subdivision shall have a privilege upon the lot and improvements thereon of an owner in the subdivision who fails to pay charges, expenses, or dues imposed upon such lot and improvements thereon in accordance with recorded restrictions, servitudes, or obligations affecting such subdivision. The privilege shall secure unpaid charges, expenses, or dues imposed by the association of owners, together with legal interest from the date due and reasonable attorney fees.

            C. For actions brought pursuant to this Section, the court may award the prevailing party costs of court, reasonable attorney fees, and other related costs, as well as any other sanctions and relief requested pursuant to Code of Civil Procedure Article 863.

            D. For the purposes of this Part, an association of owners refers to a nonprofit corporation, partnership, association, or other legal entity whose members are owners of lots in the subdivision, and which maintains certain portions of the land or improvements in such subdivision for the use and benefit of the owners of lots in such subdivision.

            Added by Acts 1979, No. 583, §1; Acts 2022, No. 603, §1.