RS 9:1141.17

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RS 9:1141.17

§1141.17. Master associations

A. If any of the powers in R.S. 9:1141.20 are to be exercised by or delegated to a corporation that exercises powers on behalf of planned communities or for the benefit of the lot owners, all provisions of this Part applicable to lot owners' associations shall apply to the corporation, except as provided by this Section.

B. Unless it is acting in the capacity of an association as provided in R.S. 9:1141.19, a master association may exercise the powers provided in R.S. 9:1141.20(A)(2) only to the extent expressly permitted in the declaration of the planned community that is part of the master association or expressly described in the delegation of power to the master association.

C. If the declaration of any planned community provides that the board of directors may delegate powers to a master association, the directors have no liability for the acts or omissions of the master association following delegation.

D. The rights and responsibilities of lot owners with respect to the association as provided in R.S. 9:1141.21, 1141.26, 1141.27, 1141.28, and 1141.29 apply in the conduct of the affairs of a master association only to those persons who elect the board of directors of a master association, regardless of whether those persons are otherwise lot owners.

E. Even if a master association is also an association as provided in R.S. 9:1141.19, the articles of incorporation or other instrument creating the master association and the declaration of each planned community, the powers of which are assigned by the declaration or delegated to the master association, shall provide that the board of directors of the master association shall be elected after the period of declarant control in any of the following ways:

(1)All lot owners of each planned community subject to the master association may elect all directors of the master association.

(2)All directors of each planned community subject to the master association may elect all directors of the master association.

(3)All lot owners of each planned community subject to the master association may elect specified directors of the master association.

(4)All directors of each planned community subject to the master association may elect specified directors of the master association.

Acts 2024, No. 158, §2, eff. Jan. 1, 2025.