§1131.22.  Privilege for assessments

A.  A person who has a duty to make assessments for timeshare expenses has a privilege on a timeshare interest for any assessment levied against that timeshare interest or fines imposed against its owner from the time the assessment or fine becomes due.  The privilege may be foreclosed in like manner as a mortgage on immovable property.  Unless the timeshare documents otherwise provide, fees, charges, late charges, fines, and interest charged are enforceable as assessments under this Section.  If an assessment is payable in installments, the full amount of the assessment is a privilege from the time the first installment thereof becomes due.  

B.  A privilege under this Section is superior to all other privileges and encumbrances on a timeshare interest except:

(1)  Privileges and encumbrances recorded before the privilege under this Section is perfected;

(2)  Mortgages on the timeshare interest securing first mortgage holders and recorded before the due date of the assessment or the due date of the first installment payable on the assessment;

(3)  Privileges for property taxes and other governmental assessments or charges against the timeshare interest; and

(4) Privileges securing assessments or charges made by a person managing a project of which the timeshare property is a part.  

C.  The privilege is perfected upon recordation of a claim of privilege in the parish in which the timeshare unit is situated.  

D.  A privilege for unpaid assessments is prescribed unless proceedings to enforce the privilege are instituted within three years after the assessments become payable.  

E.  This Section does not prohibit actions or suits to recover sums for which Subsection A of this Section creates a privilege nor preclude resort to any contractual or other remedy permitted by law.  

F.  A judgment or decree in any action or suit brought under this Section must include costs and reasonable attorney fees for the prevailing party.  

G.  A person who has a duty to make assessments for timeshare expenses shall furnish to an owner, upon written request, a recordable statement setting forth the amount of unpaid assessments currently levied against his timeshare interest.  The statement must be furnished within ten business days after receipt of the request and is binding in favor of persons reasonably relying thereon.  

H.  The provisions of this Section shall apply only to timeshare interests in timeshare property located in Louisiana.  

Added by Acts 1983, No. 552, §1.