§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.

            Added by Acts 1979, No. 583, §1; Acts 2022, No. 603, §1.