NOTE: §1141.8 eff. until Jan. 1, 2025. See Acts 2024, No. 158.

SUBPART C. ENFORCEMENT

§1141.8. Community documents; force of law

            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 R.S. 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.

NOTE: §1141.8 as amended by Acts 2024, No. 158, eff. Jan. 1, 2025.

§1141.8. Limited common areas

            A. The declaration shall specify to which lot each limited common area is allocated. An allocation may not be altered without the consent of all of the lot owners whose lots are directly affected.

            B. A limited common area may be reallocated upon request to the board of directors by all of the lot owners between or among whose lots the reallocation is to be made. When a request is made, an amendment to the declaration containing the name of the requesting lot owners shall be executed by an authorized officer or agent of the association and shall be filed for registry in accordance with R.S. 9:1141.4(D). Any expenses incurred by the association in accordance with this Section shall be borne by the requesting lot owners.

            Acts 1999, No. 309, §2, eff. June 16, 1999; Acts 2022, No. 481, §1; Acts 2024, No. 158, §2, eff. Jan. 1, 2025.