Every homeowners association in Louisiana must abide by their governing documents as well as state laws. Understanding Louisiana HOA laws, though, can come as a challenge if you don’t know where to begin.
To create a homeowners association in Louisiana, communities must have declarations executed and filed for registry. Associations in the state can organize as a non-profit corporation or an unincorporated association. For those organized as non-profit corporations, HOAs must follow the Louisiana Nonprofit Corporation Act. All homeowners associations, though, whether incorporated or not, must follow the Louisiana Business Corporation Act.
The Louisiana Homeowners Associations Act oversees the creation, authority, operation, and management of HOAs in Louisiana. It provides more specific guidance for homeowners associations, compared to the more general provisions in the Louisiana Business Corporation Act and the Louisiana Nonprofit Corporation Act.
You can find the Louisiana Homeowners Associations Act under the Louisiana Revised Statutes. It consists of 13 sections, namely:
The Louisiana Condominium Act governs the creation of residential condominiums in the state. It also offers a legal structure for apportionment of interest, voting rights, association powers, and common expenses, among other things.
You can find the Louisiana Condominium Act under the Louisiana Revised Statutes. It consists of 63 sections, namely:
In terms of corporate governance, Louisiana has two Acts that apply. The first is the Louisiana Business Corporation Act, which oversees corporations in relation to corporate structure, procedure, and management. Homeowners associations in the state must form as a non-profit corporation or an unincorporated association. On the other hand, condominiums must form a non-profit corporation, a profit corporation, or an unincorporated association.
The second is the Louisiana Nonprofit Corporation Act. This Act specifically oversees non-profit corporations in relation to corporate structure, procedure, and management. Interestingly, most associations in Louisiana organize as non-profits, similar to other states.
In some states, homeowners associations legally can’t prohibit members from installing solar panels. Louisiana is one of those states. According to Louisiana R.S. Section 9:1255, associations may not unreasonably restrict property owners from installing or using solar energy collectors. Some exceptions to this provision, though, are when the area or property is a historic district, historical preservation, or historical landmark.
The Louisiana Equal Housing Opportunity Act outlines the Fair Housing laws in the state. These laws work in the same manner as the federal Fair Housing Act. Under the HOA laws of Louisiana, associations may not discriminate against people based on their sex, religion, color, race, national origin, familial status, or disability.
Victims of any housing-related discriminatory acts can file a lawsuit in federal district court. Alternatively, victims may also report the issue to the U.S. Department of Housing and Urban Development or the Louisiana Attorney General’s Office.