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Code · Louisiana · Title 9 — Civil Code-Ancillaries

RS 9:1141.6

323 words·~1 min read·/la/title-9/9-133

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RS 9:1141.6
§1141.6. Allocation of common expense liabilities, common surpluses, and voting interest in the association
A. The declaration shall allocate to each lot a fraction or percentage of the common expense liabilities, common surpluses, and voting interest in the association and shall state the formulas or methods used to establish the allocations.
B. If lots may be added to or withdrawn from the planned community, or if boundaries between adjoining lots may be relocated, the declaration shall state the formulas or methods to be used to reallocate the common expense liabilities, common surpluses, and voting interest in the association among all lots included in the planned community after the addition, withdrawal, or relocation.
C.(1) The declaration may provide for the following:
(a)Different allocations to lots of voting interest on particular matters specified in the declaration.
(b)Cumulative voting only for electing directors.
(c)Class voting on specified issues affecting the class if necessary to protect valid interests of the class.
(2)A declarant may not utilize cumulative or class voting to avoid any limitation imposed on declarants by this Part, nor may lots constitute a class because they are owned by a declarant.
D. Except for minor variations due to rounding, the sum of the common expense liabilities, common surpluses, or voting interest in the association allocated at any time to all of the lots shall equal one if stated as a fraction or one hundred percent if stated as a percentage.
E. The transfer, encumbrance, judicial sale, or other voluntary or involuntary transfer of an ownership interest in a lot includes membership in the association and any other rights in the association appurtenant to that lot.
F. Nothing in this Section shall require a planned community in existence prior to January 1, 2025, to amend its method of calculating or allocating assessments.
Acts 1999, No. 309, §2, eff. June 16, 1999; Acts 2024, No. 158, §2, eff. Jan. 1, 2025.
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