Louisiana 2014 Regular Session

Louisiana House Bill HB394 Latest Draft

Bill / Introduced Version

                            HLS 14RS-1150	ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 394
BY REPRESENTATIVE THOMPSON
PROPERTY/IMMOVABLE:  Provides relative to building restrictions
AN ACT1
To amend and reenact R.S. 9:1141.6(B)(2) and to enact R.S. 9:1141.6(B)(4), relative to2
building restrictions; to provide for the vote required for establishing or amending3
certain assessments or fees; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9:1141.6(B)(2) is hereby amended and reenacted and R.S.6
9:1141.6(B)(4) is hereby enacted to read as follows: 7
ยง1141.6.  Establishment, amendment, or termination of building restrictions8
*          *          *9
B. In the absence of a provision for the establishment, amendment, or10
termination of such building restrictions in the community documents:11
*          *          *12
(2)  Existing Notwithstanding the provisions of Paragraph (4) of this13
Subsection, existing building restrictions may be made more onerous or increased14
by agreement of two-thirds of the lot owners.15
*          *          *16
(4) An assessment or fee for maintenance of association property may be17
established, increased, reduced, or terminated by agreement of more than one-half18
of the lot owners.19
*          *          *20 HLS 14RS-1150	ORIGINAL
HB NO. 394
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Thompson	HB No. 394
Abstract: Provides that a majority vote is required for establishing, increasing, decreasing,
or terminating an assessment or fee for maintenance of association property.
Present law provides for the establishment of building restrictions affecting association
property, including lots or common areas, or those imposing an affirmative duty.
Present law provides that in the absence of a provision for the establishment, amendment,
or termination of such building restrictions in community documents, building restrictions
may be:  (1) established by agreement of three-fourths of the lot owners; (2) made more
onerous or increased by agreement of two-thirds of the lot owners; and (3) made less
onerous, reduced, or terminated by agreement of more than one-half of the lot owners.
Proposed law retains present law and provides that an assessment or fee for maintenance of
association property may be established, increased, reduced, or terminated by agreement of
more than one-half of the lot owners.
(Amends R.S. 9:1141.6(B)(2); Adds R.S. 9:1141.6(B)(4))