When Does a Louisiana HOA Transfer to Owners?

Question:

In the last year I moved to a place with an HOA only to find out they never have meetings, no financial reports are sent but dues are still collected and the developer seems to have appointed themselves president forever, head of ARC forever etc. How can we start an active HOA where officers are elected? Or is the present HOA (16 plus years since started) now null and void without meetings and financial reports?

– ML

 

Answer:

Hi ML,

It is important to check your governing documents to see when the declarant control period should end. For some HOAs, the developer turns over the HOA to the owners after a set number of years. For others, it happens after a certain number or percentage of lots are sold. The end of the declarant control period should trigger the election of resident board members. Since Louisiana’s HOA laws are not very comprehensive, you will find most of the answers to your questions within your governing documents.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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