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 57 Engrossed 2022 Regular Session Hollis
Abstract: Provides for a 30-day notice period for individual lot owners prior to the filing of a
homeowners association privilege and reduces the homeowners association privilege
enforcement period for charges assessed for violation of community documents to one year.
Present law (R.S. 9:1141.9) provides that a homeowners association may establish a privilege on lots
of delinquent owners for nonpayment of assessments.
Present law (R.S. 9:1145) provides that upon filing a sworn detailed statement, a homeowners
association shall have a privilege upon an individual lot owner's lot and improvements thereon for
unpaid charges, expenses, or dues imposed upon such lot and improvement, including legal interest
from the date due and reasonable attorney fees.
Present law (R.S. 9:1146) provides that the sworn detailed statement be filed for registry in the
mortgage records in the parish where the residential subdivision is located. The homeowners
association shall, commensurate with the filing for registry of the privilege, also serve the sworn
detailed statement to the delinquent owner via certified mail, registered mail, or personal delivery.
Present law (R.S. 9:1147) provides that a recorded sworn statement shall preserve the homeowners
association privilege for a period of five years after the date of recordation. After five years, the
privilege is perempted unless the homeowners association has filed a suit to enforce the privilege
within five years after the date of its recordation.
Proposed law retains present law by providing for a five year preservation period for privileges
sought on homeowners who due not pay monthly or periodic dues or fees or assessments for
particular expenses or capital improvements that are reasonable for maintenance, improvement, or
safety of the planned community.
Proposed law changes present law and lowers the homeowners association privilege over charges
assessed to the homeowner for alleged violations of community documents from five years to one
year.
Proposed law changes present law and requires that the homeowners association send a written
demand for past due charges to the owner via certified or registered mail or at the address and
method on file with the association prior to filing the sworn detailed statement. The lot owner shall
have 30 days after the delivery of the written demand to deliver payment owed to the homeowners
association. Proposed law provides that the court may award the prevailing party damages, including reasonable
attorney fees and court costs, as well as sanctions under C.C.P. 863.
Present law (C.C.P. 863) provides for sanctions against an attorney that claims are warranted by
existing law, supported by evidence or in fact, and that the pleading itself is not being presented for
an improper purpose.
(Amends R.S. 9:1145 and 1147)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Create a one year period for homeowner association privileges for charges assessed to
the owner for alleged violations of community documents.
2. Provide a 30-day period after delivery of the written demand for the owner to delivery
payment to the association.
3. Provide for attorney fees and costs of court to the prevailing party for actions brought
pursuant to proposed law.
4. Remove provisions related to mortgage cancellation in proposed law.
5. Make technical changes.