§1141.7. Exercise of development rights
A. To exercise any development right reserved in R.S. 9:1141.5(A)(7), the declarant
shall prepare, execute, and file for registry an amendment to the declaration in accordance
with R.S. 9:1141.4(D). The amendment to the declaration shall assign an identifying number
to each new lot created, and, except in the case of subdivision or conversion of lots described
in Subsection D of this Section, reallocate the common expense liabilities, common
surpluses, and voting interest in the association among all lots. The amendment shall
describe any common areas and any limited common areas created and, in the case of limited
common areas, designate the lots by letter, name, or number, or a combination thereof to
which each is appurtenant.
B. Development rights may be reserved within any immovable property added to the
planned community if the amendment adding that immovable property includes or
incorporates by reference all matters required by R.S. 9:1141.5.
C. Development rights to add additional immovable property may be exercised only
within seven years after the date of the filing of the initial declaration. The submission of
an application for approval of a plat of subdivision pursuant to R.S. 33:113 shall suspend the
running of the seven-year period, except that the suspension is considered never to have
occurred if the application is denied and any appeal period has expired, or if the declarant
voluntarily withdraws or abandons the application or a plat of subdivision that is the subject
of the application prior to filing the plat for registry. If a plat is approved, the seven-year
period shall be interrupted and shall commence to run anew on the date on which the plat of
subdivision is filed for registry. This Section does not extend the term for the exercise of
development rights imposed by the declaration pursuant to R.S. 9:1141.5(A)(7).
D. When a declarant exercises a development right to subdivide or convert a lot
previously created into additional lots, common areas, limited common areas, or any
combination thereof, the following apply:
(1) If the declarant converts the lot entirely to a common area or limited common
area, the amendment to the declaration shall reallocate all of the common expense liabilities,
common surpluses, and voting interest in the association of that lot among the other lots by
the same method provided in R.S. 9:1141.6, or as otherwise provided in the community
documents.
(2) If the declarant subdivides the lot into two or more lots or if the declarant
combines two or more lots into a single lot, regardless of whether any part of the lot is
converted into a common area or a limited common area, the amendment to the declaration
shall reallocate all of the common expense liabilities, common surpluses, and voting interest
in the association of the lot among the lots created by the subdivision in the manner
prescribed in the declaration.
E. If, pursuant to R.S. 9:1141.5(A)(7), the declaration provides that all or any portion
of the immovable property within the planned community is subject to a right of withdrawal
by the declarant, none of the immovable property may be withdrawn after a lot has been
transferred to an unrelated purchaser except upon a supermajority vote of the association.
A declarant may not withdraw all or any portion of immovable property that has been
transferred to the association.
Acts 1999, No. 309, §2, eff. June 16, 1999; Acts 2024, No. 158, §2, eff. Jan. 1, 2025.