RS 9:1145

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RS 9:1145

PART III. PRIVILEGES ON IMMOVABLES FOR CHARGES

OR DUES OF ASSOCIATIONS

§1145. Privileges; enforcement

A. This Part authorizes associations, including associations organized in accordance with R.S. 9:1123.101 or 1141.19, to enforce the payment of assessments authorized in the community documents. A privilege in favor of the association shall arise on a lot or unit for any assessment attributable to that lot or unit or any fines imposed against the owner.

B. For the purposes of this Part, an association refers to a nonprofit corporation, partnership, association, or other legal entity whose members are owners of lots subject to community documents or units in a condominium regime that maintains certain portions of the land or improvements for the use and benefit of the owners and that has the right to impose assessments.

C. This Part does not affect the personal liability of an owner for the payment of past due sums for which R.S. 9:1146 grants a privilege or prevent an association from acquiring a lot or unit through a giving in payment.

D. Within ten business days after receipt of a request made in a record, the association shall furnish to the owner a statement of the amount of any unpaid assessments against the owner's lot or unit. The statement shall be binding on the association.

E. With approval from the board of directors, an association may commence an action to enforce a privilege in accordance with this Part.

Added by Acts 1979, No. 583, §1; Acts 2022, No. 603, §1; Acts 2024, No. 158, §2, eff. Jan. 1, 2025.