Louisiana HOA Laws Explained: Rights & Duties

Louisiana governs community associations through two statutes plus the Civil Code's building-restriction articles. This framework is distinct from every other state because of Louisiana's civil law tradition.

Louisiana Planned Community Act (La. R.S. 9:1141.1–1141.50)

Enacted by Act 158 of 2024, the Planned Community Act replaced the older Louisiana Homeowners Association Act. It applies to new communities and, as of January 1, 2026, to existing planned communities. It provides:

• Association governance and board duties
• Member access to association records and meetings
• Voting and assessment procedures
• A privilege (lien) in favor of the association for unpaid assessments

Because the Act is recent, confirm the exact section that applies to your issue on the official site before citing it in a dispute.

Louisiana Condominium Act (La. R.S. 9:1121.101 et seq.)

This act governs condominium associations:

• Creation and governance of condominium associations
• Unit-owner rights and common-element interests
• Assessment authority and the assessment privilege
• La. R.S. 9:1123.115 — Privilege on the unit for unpaid assessments (and for fines/late fees in excess of $250)

Louisiana Civil Code Building Restrictions (La. C.C. arts. 775–783)

The Civil Code provides the legal foundation for restrictive covenants (CC&Rs):

• Art. 775 — Definition of building restrictions
• Art. 781 — Liberative prescription: enforcement of a noticeable violation prescribes in two years
• Art. 782 — Termination of restrictions by abandonment
• Art. 783 — Doubt about a restriction is resolved in favor of the unrestricted use of the property (strict construction)

Louisiana law provides homeowners with meaningful protections through both the Planned Community Act and the Civil Code. Understanding these rights is essential for holding your HOA accountable.

Right to Records and Meetings (Planned Community Act)

• Financial records — Budgets, financial statements, and account information
• Governing documents — Building restrictions, bylaws, rules, and amendments
• Meeting minutes — Board meeting minutes and records of official actions
• Contracts — Agreements with vendors, management companies, and service providers
• Meeting access — The right to attend association meetings as provided by the Act and your documents

Notice and Process Before Fines (Community Documents)

Louisiana sets no fixed statutory pre-fine notice/hearing rule, so your community documents control:

• Read your CC&Rs and bylaws for any required notice, cure, or hearing step
• If your documents promise written notice and a chance to respond, the HOA must honor it
• A fine imposed in violation of your documents' procedure is vulnerable to challenge

Voting and Governance Rights (Planned Community Act)

• Voting rights — Right to vote on board elections, amendments, and certain assessments
• Notice of meetings — Reasonable notice of board and member meetings
• Proxy voting — Generally allowed unless the documents prohibit it

Civil Code Property Rights (Arts. 781–783)

Your most powerful rights come from Louisiana's Civil Code:

• Strict construction (art. 783) — Doubt resolved in favor of free use
• Express restrictions only — Restrictions cannot be read beyond their terms
• Liberative prescription (art. 781) — Two years to enforce a noticeable violation
• Abandonment (art. 782) — A restriction can terminate if generally disregarded

Fair Housing and Federal Protections

• Louisiana fair housing law — State protections mirroring federal fair housing
• Federal Fair Housing Act — Prohibits discrimination on protected bases
• Reasonable accommodations and modifications — these come from the Fair Housing Act, not the ADA: an HOA must make reasonable accommodations in its rules and permit reasonable modifications for residents with disabilities. The Americans with Disabilities Act reaches public accommodations, so it bears on an HOA only where a facility is genuinely open to the public
• Flag display rights — Federal protection for American flag display
• Satellite dish rights — FCC OTARD rule protections

Louisiana HOA board members owe fiduciary duties under the Planned Community Act and general Louisiana corporate-governance principles. These obligations provide homeowners with meaningful accountability tools.

Fiduciary Duties

• Duty of care — Act with the care an ordinarily prudent person would exercise in similar circumstances
• Duty of loyalty — Act in the best interests of the association, not for personal benefit
• Duty of good faith — Act honestly and deal fairly with homeowners
• Business judgment rule — Good-faith decisions made with reasonable information are generally protected

Statutory Obligations

• Follow governing documents — Must comply with building restrictions, bylaws, and adopted rules
• Follow the documents' fining procedure — Provide any notice and opportunity to respond your documents require before a fine
• Provide record access — Must make records available to members under the Planned Community Act
• Meeting access — Hold meetings and give notice as the Act and documents require
• Uniform enforcement — Must enforce building restrictions consistently

What the Board Cannot Do

• Cannot fine in violation of the documents' procedure — Skipping a required notice or hearing step
• Cannot selectively enforce — Must apply restrictions uniformly
• Cannot read restrictions beyond their terms — Civil Code art. 783 favors free use
• Cannot self-deal — Must disclose conflicts and recuse from conflicted decisions
• Cannot retaliate or abuse its rights — Enforcement to harm rather than serve a legitimate purpose is abusive
• Cannot deny record access — Must provide records under the Planned Community Act
• Cannot violate fair housing laws — Subject to federal and state fair housing requirements