Recorded covenants, conditions, and restrictions in New Orleans HOAs and condominiums are enforced under Louisiana civil code articles 775 to 783 on building restrictions and the Condominium Act. Boards may seek injunctions, damages, and fines, but must follow procedural rules in the governing documents to preserve enforceability.
Louisiana treats recorded HOA covenants as building restrictions under Civil Code articles 775 to 783, which classify them as real rights running with the land and binding all successor owners. Restrictions must be reasonable, contained in a recorded title document, and apply to the entire subdivision or development. They may be enforced by injunction, damages, or fines as authorized by the declaration. Under article 781, building restrictions are extinguished by abandonment of the whole plan or by 2 years of inaction once a violation has commenced, an important rule that pushes New Orleans HOAs to act quickly on violations. Condominium associations enforce restrictions under both the declaration and the Louisiana Condominium Act, which authorizes fines, suspension of common-element privileges (such as pool or gym use), and judicial action for serious violations. Boards must follow procedural requirements including written notice of violation, opportunity to cure, and where required by bylaws, a hearing before fines or other sanctions are imposed. Selective enforcement is a common defense, so associations should apply rules consistently. Short-term rental restrictions are widely enforced in French Quarter and CBD condominiums, with several Louisiana court decisions upholding bans where the declaration clearly prohibits transient rentals. Fines and unpaid charges may be collected as assessments under LA RS 9:1123.115 with privilege rights against the unit.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact New Orleans code enforcement directly for current fines, enforcement procedures, and hearing options.
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