NOTE: §1141.5 eff. until Jan. 1, 2025. See Acts 2024, No. 158.

§1141.5. Building restrictions; generally, affirmative duty, and common areas

            A. Building restrictions affecting the building standards, specified uses, or improvements of association property may be established, amended, or terminated in accordance with the provisions of this Part.

            B. Such building restrictions may include the imposition of an affirmative duty, including the affirmative duty to pay monthly or periodic dues or fees, or assessments for a particular expense or capital improvement, that are reasonable for the maintenance, improvement, or safety, or any combination thereof, of the planned community.

            C. Such building restrictions may also regulate the building standards, specified uses, and improvements of common areas of a homeowners association, including but not limited to the regulation of passage, ingress, and egress upon common areas, streets, and street rights-of-way.

NOTE: §1141.5 as amended by Acts 2024, No. 158, eff. Jan. 1, 2025.

§1141.5. Contents of the declaration

            A. The declaration shall contain all of the following:

            (1) A statement submitting the immovable property to a planned community.

            (2) The name by which the planned community is to be identified, which shall include the phrase "planned community" or be followed by the words "a planned community".

            (3) A complete property description of all of the immovable property within the planned community.

            (4) An identification of each lot by letter, name, or number, or a combination thereof, so that no lot bears the same identification as any other lot.

            (5) A written description and plat, meeting the requirements of R.S. 9:1141.9, delineating the precise boundaries of each lot and designating any common areas and limited common areas appurtenant thereto.

            (6) The manner of allocating common expense liabilities, common surpluses, and voting interest in the association, in accordance with R.S. 9:1141.6.

            (7) A description of any development right or other special declarant right reserved by the declarant, a complete property description of any immovable property within the planned community to which each right applies, a general schematic map of any immovable property that may be added to the planned community pursuant to a development right, and the term within which the rights may be exercised.

            (8) All matters required by R.S. 9:1141.6 in the event that the declarant reserves the right to change the allocations to lots of common expense liabilities, common surpluses, and voting interest in the association.

            (9) The name of the association formed in accordance with R.S. 9:1141.19.

            (10) The rights and responsibilities for the maintenance and repair of association property and for the maintenance, repair, and replacement of any improvements thereon.

            (11) Any building restrictions and servitudes affecting the association property.

            (12) Identification of lots as intended for residential or nonresidential use.

            (13) The name of all natural persons who control the declarant, if the declarant is not a natural person.

            B. The declaration may contain any of the following:

            (1) The purpose for which the association property is intended.

            (2) Procedures whereby a lot owner may transfer his lot to the association and thereby release himself from any further obligation for common expense liabilities.

            (3) The method of amendment of the declaration, subject to the limitations provided in R.S. 9:1141.14.

            (4) The method for making assessments and the procedure for collecting from the lot owners their respective assessments.

            C. When additional immovable property is added to the planned community, an amendment to the declaration shall be executed and filed for registry and indexed in accordance with R.S. 9:1141.4(D). The amendment shall be effective when filed for registry in the conveyance records of the parish in which the additional immovable property is situated.

            D. The community documents of a planned community restricted to a residential use shall not:

            (1) Reduce the voting interest required in R.S. 9:1141.14.

            (2) Vary any requirement, procedure, or other provision of this Part pertaining to the mandatory requirements of the declaration in accordance with this Section or the provisions of Subpart D of this Part.

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