Louisiana Statewide Rule
Louisiana HOA Assessments & Privilege: Lien and Ordinary-Process Foreclosure Under La. R.S. 9:1145-1146
Key Facts
- Lien for unpaid dues
- Yes - a "privilege" arises on the lot under La. R.S. 9:1145
- Recording
- Sworn detailed statement filed in parish mortgage records (R.S. 9:1146)
- Pre-filing demand
- Written demand plus a 30-day period to pay before the privilege is filed
- Foreclosure method
- Ordinary process (judicial suit) - executory process generally unavailable
- Late fee / interest rate
- Not capped by statute - governed by the recorded declaration
Summary
Louisiana associations collect unpaid dues through a statutory "privilege" (the civil-law lien). Under La. R.S. 9:1145, a privilege arises on a lot or unit for any assessment or fine. The association records a sworn statement in the mortgage records (R.S. 9:1146), and may foreclose to collect, but ordinarily through a full judicial lawsuit, not summary executory process.
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.
Full Breakdown
Louisiana's Homeowners Association Act (La. R.S. 9:1141.1 et seq.) lets an association use the Chapter's privilege provisions for delinquent owners. Under R.S. 9:1145, "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." The owner stays personally liable for past-due sums. To preserve the privilege, the association serves a written demand, gives the owner 30 days to pay, then records a sworn detailed statement in the parish mortgage records (R.S. 9:1146). Because that recorded privilege is not an authentic act importing a confession of judgment, the association generally cannot use executory process; it must foreclose by ordinary process, filing suit and obtaining a judgment before a sheriff's sale.
Violations & Penalties
An owner who fails to pay assessments faces a recorded privilege for the unpaid dues, fines, interest, and costs, personal liability for the debt, and ultimately an ordinary-process foreclosure suit and sheriff's sale of the lot under La. R.S. 9:1145-1146.
Frequently Asked Questions
Can a Louisiana HOA foreclose on my home for unpaid dues?
What is a 'privilege' on my property in Louisiana?
How much notice do I get before the HOA records a lien?
Sources
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