NOTE: §1147 eff. until Jan. 1, 2025. See Acts 2024, No. 158.

§1147. Privilege

            A.(1) A recorded sworn statement shall preserve the privilege against the lot or lots and improvements thereon for charges assessed to the owner for alleged violations of community documents for a period of one year after the date of recordation. The effect of recordation shall cease and the privilege preserved by this recordation shall perempt unless a suit to enforce the privilege is filed within one year after the date of its recordation and a notice of the filing of such suit is filed in the mortgage records of the parish in which the subdivision is located.

            (2) This Subsection shall not apply to the affirmative duty of a homeowner to pay monthly or periodic dues or fees, or assessments for particular expenses or capital improvements that are reasonable for the maintenance, improvement, or safety, or any combination thereof, of the planned community.

            B. A recorded sworn statement shall preserve the privilege against the lot or lots and improvements thereon for dues, fees, or assessments as provided in Paragraph (A)(2) of this Section for a period of five years after the date of recordation. The effect of recordation shall cease and the privilege preserved by this recordation shall perempt unless a suit to enforce the privilege is filed within five years after the date of its recordation and a notice of the filing of such suit is filed in the mortgage records of the parish in which the subdivision is located.

NOTE: §1147 as amended by Acts 2024, No. 158, eff. Jan. 1, 2025.

§1147. Sworn detailed statement; filing

            A. The sworn detailed statement of privilege shall be signed and verified by an officer or agent of the association and filed for registry in the mortgage records of the parish in which the lot or unit is located. The statement of privilege shall include a complete property description of the lot or unit, the name of the record owner, the date that the assessment became delinquent, a statement of the amount assessed relative to periodic dues including any accelerated amount, a statement relative to the amount assessed relative to fines and any late fees, and the date that written demand was made upon the owner.

            B. Upon the filing for registry of the statement of privilege, the association shall deliver a copy thereof to the delinquent owner by any method provided in R.S. 9:1146(A).

            Added by Acts 1979, No. 583, §1; Acts 2022, No. 603, §1; Acts 2024, No. 158, §2, eff. Jan. 1, 2025.