NOTE: §1146 eff. until Jan. 1, 2025. See Acts 2024, No. 158.

§1146. Privilege; sworn detailed statement; filing

            The sworn detailed statement shall contain the nature and amount of the unpaid charges, expenses, or dues, a description of the lot or lots on which behalf the charges, expenses, or dues have been assessed, shall be signed and verified by an officer or agent of the association, and shall be filed for registry in the mortgage records in the parish in which the residential subdivision is located. The association shall, commensurate with the filing for registry of the privilege, serve upon the delinquent owner a sworn detailed statement of the claim by certified mail, registered mail or personal delivery.

NOTE: §1146 as amended by Acts 2024, No. 158, eff. Jan. 1, 2025.

§1146. Demand; privilege; notice

            A. When an owner has failed to pay the charges, expenses, or dues imposed upon his lot or unit, the association shall make written demand for past due charges, expenses, or dues owed by any of the following methods:

            (1) United States mail postage paid, or commercial courier as defined in Code of Civil Procedure Article 1313(D), to the mailing address designated by the owner.

            (2) Electronic mail to the address designated by the owner.

            (3) Hand delivery to the physical location of the lot or unit, if neither a mailing address nor an electronic mail address has been designated by the owner.

            (4) United States mail postage paid, or commercial courier as defined in Code of Civil Procedure Article 1313(D), to the mailing address of each lot or unit.

            (5) Any other method reasonably calculated to provide notice to the owner.

            B.(1) The owner shall have thirty days after the written demand to deliver payment for the amount owed to the association.

            (2) The association shall apply any sums paid by the owner following delivery of the written demand in the following order:

            (a) Unpaid assessments.

            (b) Late charges.

            (c) Reasonable attorney fees, costs, and other collection charges.

            (d) All other unpaid fees, charges, fines, penalties, and interest.

            (3) After expiration of the thirty-day period, the association may file a sworn detailed statement of privilege in accordance with this Part.

            C. Upon the filing of a sworn detailed statement of privilege, the association shall have a privilege upon the lot or unit and improvements thereon. The privilege shall secure unpaid charges, expenses, or dues imposed by the association, together with interest thereon at the rate provided in the declaration or, in the absence thereof, at the legal interest rate from the date due and any amount awarded in accordance with Subsection D of this Section.

            D. For actions brought pursuant to this Section, the court may award the prevailing party costs of court, reasonable attorney fees, and other related costs.

            Added by Acts 1979, No. 583, §1; Acts 2024, No. 158, §2, eff. Jan. 1, 2025.