ENROLLED
2022 Regular Session
HOUSE BILL NO. 549
BY REPRESENTATIVES BOYD, ADAMS, AMEDEE, BACALA, BRASS, BROWN,
BRYANT, CARPENTER, CARRIER, ROBBY CARTER, WILFORD CARTER,
CORMIER, DAVIS, DUPLESSIS, FISHER, FONTENOT, FREEMAN, GAINES,
GAROFALO, GLOVER, GREEN, HARRIS, HILFERTY, HODGES, HORTON,
JEFFERSON, JENKINS, TRAVIS JOHNSON, LANDRY, LARVADAIN, LYONS,
MARCELLE, MARINO, MCKNIGHT, DUSTIN MILLER, GREGORY MILLER,
NELSON, NEWELL, CHARLES OWEN, PHELPS, PIERRE, SCHAMERHORN,
SCHEXNAYDER, SEABAUGH, SELDERS, STAGNI, THOMPSON, AND
ZERINGUE
1 AN ACT
2 To amend and reenact R.S. 9:1141.8 and to enact R.S. 9:1122.103(C), 1131.5(C), and 2734,
3 relative to immovable property; to provide relative to restrictions on immovable
4 property; to prohibit restrictions based on race or religion; to provide relative to
5 condominium associations, timeshare associations, and homeowners associations;
6 to provide relative to community documents; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 9:1141.8 is hereby amended and reenacted and R.S. 9:1122.103(C),
9 1131.5(C), and 2734 are hereby enacted to read as follows:
10 §1122.103. Construction and validity of declaration and bylaws
11 * * *
12 C. Notwithstanding any law or agreement to the contrary, provisions in the
13 declaration and bylaws restricting conveyance based on race or religion shall be void
14 as provided by R.S. 9:2734.
15 * * *
16 §1131.5. Construction and validity of declaration
17 * * *
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1 C. Notwithstanding any law or agreement to the contrary, provisions in the
2 plan restricting conveyance based on race or religion shall be void as provided by
3 R.S. 9:2734.
4 * * *
5 §1141.8. Community documents; force of law
6 A. The community documents of residential planned communities shall have
7 the force of law between the homeowners association and the individual lot owners
8 and as between individual lot owners. The remedies for breach of any obligation
9 imposed on lot owners or the association shall include damages, injunctions, or such
10 other remedies as are provided by law.
11 B. Notwithstanding any law or agreement to the contrary, provisions in the
12 community documents restricting conveyance based on race or religion shall be void
13 as provided by R.S. 9:2734.
14 C. A residential planned community acting through a majority vote of its full
15 board membership, instead of a majority approval of the owners, may amend the
16 community documents for the purpose of removing any restriction, covenant, or
17 condition, that prohibits or limits the conveyance, encumbrance, rental, occupancy,
18 or use of immovable property on the basis of race, color, national origin, religion,
19 sex, familial status, or maintains a trained guide dog or assistance animal because the
20 individual has a disability recognized under the Fair Housing Act (42 U.S.C. 3601
21 et seq.).
22 * * *
23 §2734. Prohibited private restrictive covenants
24 Any promise, covenant, or restriction in a contract, mortgage, lease, deed, or
25 conveyance or in any other agreement affecting immovable property that limits,
26 restrains, prohibits, or otherwise provides against the sale, grant, gift, transfer,
27 assignment, conveyance, ownership, lease, rental, use, or occupancy of immovable
28 property to or by any person based on race or religion shall be void, against public
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1 policy, and wholly unenforceable and shall not constitute a defense in any action,
suit, or proceeding.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.