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Regular Session, 2014 ENROLLED
SENATE CONCURRENT RESOLUTI ON NO. 104
BY SENATORS MILLS AND WARD
A CONCURRENT RESOLUTI ON
To urge and request the Louisiana State Law Institute to study and make recommendations
to the Louisiana Legislature regarding state laws governing common interest
ownership regimes, including but not limited to homeowners associations,
condominium developments, townhomes, and real estate cooperatives.
WHEREAS, R.S. 9:1121.101 provides for the Louisiana Condominium Act, R.S.
9:1131.1 provides for the Louisiana Timesharing Act, and R.S. 9:1141.1 provides for the
Louisiana Homeowners Association Act; and
WHEREAS, these various legal regimes, often called common interest ownership
regimes, each provide a framework for the governance of certain real estate developments,
the ability of multiple parcel or unit owners within a development to share an ownership
interest in certain common areas, and a mechanism to enforce shared obligations and
responsibilities for the maintenance and care of the development; and
WHEREAS, Louisiana real estate developments are increasingly comprised of these
common interest ownership regimes because they can provide for a sustained level of quality
and shared governance among the various owners within the larger planned community; and
WHEREAS, there has been a prevailing movement across many states to enact
comprehensive common interest ownership statutes that contemplate a single, flexible, legal
framework that can be used for all types of common interest ownership developments; and
WHEREAS, one such national model adopted by several states is the Uniform
Common Interest Ownership Act, promulgated most recently in 2008 by the Uniform Law
Commission, which governs the formation, management, and termination of a common
interest community, whether that community is a condominium, planned community, or real
estate cooperative; and
WHEREAS, presently Louisiana law does not comprehensively address common
interest communities, creating uncertainty and forcing many developers and their legal
counsel to consider various disparate statutes in attempting to confect a legal framework that
properly supports the purpose and economic viability of the development; and SCR NO. 104 ENROLLED
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WHEREAS, it is important that Louisiana's law governing common interest
communities enables and encourages such communities and provides an appropriate level
of balance between the rights of owners and the rights of developers.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana State Law Institute to study legal issues surrounding present
Louisiana law governing common interest communities and to report and recommend in the
form of proposed legislation any needed revisions to present law, including but not limited
to the adoption, in whole or in part, of the Uniform Common Interest Ownership Act.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall report
its finding and recommendations to the Legislature of Louisiana on or before January 1,
2016.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES