Louisiana 2016 2016 Regular Session

Louisiana House Bill HB213 Engrossed / Bill

                    HLS 16RS-838	ENGROSSED
2016 Regular Session
HOUSE BILL NO. 213
BY REPRESENTATIVE GAROFALO
CONDOMINIUMS:  Provides with respect to condominium associations
1	AN ACT
2To amend and reenact R.S. 9:1123.115(B), relative to condominiums; to provide for
3 privilege period for liens against condominium parcels; and to provide for related
4 matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 9:1123.115(B) is hereby amended and reenacted to read as follows: 
7 ยง1123.115.  Privilege on immovables
8	*          *          *
9	B.  A claim of privilege recorded, as set forth in Subsection A of this Section,
10 shall preserve the privilege against the condominium parcel for a period of one year 
11 five years from the date of recordation.  The effect of recordation shall cease and the
12 privilege preserved by this recordation shall perempt unless a notice of filing of suit,
13 giving the name of the court, the title and number of the proceedings and date of
14 filing, a description of the condominium parcel and the name of the unit owner, on
15 said the claim is recorded within one year five years from the date of the recordation
16 of the inscription of the said claim.  Such notice of filing suit shall preserve the
17 privilege until the court in which the suit is filed shall order the cancellation of the
18 inscription of the said claim and the notice of filing of suit on said the claim or until
19 the claimant authorizes the clerk of court or recorder of mortgages to cancel the said
20 inscriptions.
21	*          *          *
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-838	ENGROSSED
HB NO. 213
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)]
HB 213 Engrossed 2016 Regular Session	Garofalo
Abstract:  Extends the prescriptive period for liens against a condominium parcel from one
year to five years. 
Present law provides that a recorded privilege against a condominium parcel preserves the
right to file suit for one year from the date of recordation. 
Proposed law extends the privilege to file suit against a condominium parcel from one year
to five years from the date of recordation. 
(Amends R.S. 9:1123.115(B))
Page 2 of 2
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.