GREEN SHEET REDIGEST
HB 549 2022 Regular Session Boyd
HOUSING: Provides relative to certain deed restrictions.
DIGEST
Proposed law (R.S. 9:2734) prohibits the enforce ability of immovable property covenants
that are restrictive on race or religion by providing that such provisions are void.
Present law (R.S. 9:1122.103) provides for the declaration and bylaws of condominium
associations.
Proposed law retains present law and provides that no provision in the declaration or bylaws
may restrict conveyance based on race or religion and provides that such provisions are void.
Present law (R.S. 9:1131.5) provides for timeshare plans.
Proposed law retains present law but provides that no provision in the plan may restrict
conveyance based on race or religion and provides that such provisions are void.
Present law (R.S. 9:1141.8) provides for community documents of homeowners associations.
Proposed law retains present law but provides that no provision in the community documents
may restrict conveyance based on race or religion and provides that such provisions are void.
Proposed law further provides that a residential planned community may, by a majority vote
of full board membership, amend the community documents to remove any restriction,
covenant, or condition prohibiting or limiting the conveyance, encumbrance, rental,
occupancy, or use of real property on the basis of race, color, national origin, religion, sex,
familial status, or maintains a trained guide dog or assistance animal because the individual
has a disability recognized under present law.
Proposed law provides a general prohibition against any restrictive covenant based on race
or religion in any conveyance of immovable property and provides that such provisions are
void.
(Amends R.S. 9:1141.8; Adds R.S. 9:1122.103(C), 1131.5(C), and 2734)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Remove requirements that restrictions that are void be "declared" as void.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the engrossed
bill
1. Authorizes a residential planned community, by a majority vote of its full board
membership, to amend community documents to remove any restrictions on the
use of the property which are discriminatory and/or in violation of the Fair
Housing Act.
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Prepared by Lebra Bias.