Louisiana CC&R Enforcement: Building Restrictions Under La. Civ. Code arts. 775-783 and R.S. 9:1141.5

Recorded subdivision covenants are "building restrictions" under La. Civ. Code art. 775, charges imposed under a general plan in the interest of the lots. Article 779 provides that "building restrictions may be enforced by mandatory and prohibitory injunctions without regard to the limitations of Article 3601 of the Code of Civil Procedure," so an association need not prove irreparable harm. The Homeowners Association Act reinforces this: community documents and building restrictions "have the force of law" (La. R.S. 9:1141.8, building-restriction rules at R.S. 9:1141.5). The key limit is art. 781 - "No action for injunction or for damages on account of the violation of a building restriction may be brought after two years from the commencement of a noticeable violation," after which the lot is freed of the violated restriction. Restrictions can also be lost by abandonment under art. 782.

An owner who violates a recorded building restriction can be enjoined (mandatory or prohibitory injunction) under La. Civ. Code art. 779 and may owe damages and costs. The association must sue within two years of a noticeable violation (art. 781), or that restriction is extinguished as to the lot.