La. Stat. tit. 9 § 1141.5

Current with changes from the 2024 legislative session effective on or before 7/1/2024, from Acts 1-3, 6-671

Section 9:1141.5 - [Effective 1/1/2025] Contents of the declaration

A. The declaration shall contain all of the following:

(1) A statement submitting the immovable property to a planned community.

(2) The name by which the planned community is to be identified, which shall include the phrase "planned community" or be followed by the words "a planned community".

(3) A complete property description of all of the immovable property within the planned community.

(4) An identification of each lot by letter, name, or number, or a combination thereof, so that no lot bears the same identification as any other lot.

(5) A written description and plat, meeting the requirements of R.S. 9:1141.9, delineating the precise boundaries of each lot and designating any common areas and limited common areas appurtenant thereto.

(6) The manner of allocating common expense liabilities, common surpluses, and voting interest in the association, in accordance with R.S. 9:1141.6.

(7) A description of any development right or other special declarant right reserved by the declarant, a complete property description of any immovable property within the planned community to which each right applies, a general schematic map of any immovable property that may be added to the planned community pursuant to a development right, and the term within which the rights may be exercised.

(8) All matters required by R.S. 9:1141.6 in the event the declarant reserves the right to change the allocations to lots of common expense liabilities, common surpluses, and voting interest in the association.

(9) The name of the association formed in accordance with R.S. 9:1141.19.

(10) The rights and responsibilities for the maintenance and repair of association property and for the maintenance, repair, and replacement of any improvements thereon.

(11) Any building restrictions and servitudes affecting the association property.

(12) Identification of lots as intended for residential or nonresidential use.

(13) The name of all natural persons who control the declarant, if the declarant is not a natural person.

B. The declaration may contain any of the following:

(1) The purpose for which the association property is intended.

(2) Procedures whereby a lot owner may transfer his lot to the association and thereby release himself from any further obligation for common expense liabilities.

(3) The method of amendment of the declaration, subject to the limitations provided in R.S. 9:1141.14.

(4) The method for making assessments and the procedure for collecting from the lot owners their respective assessments.

C. When additional immovable property is added to the planned community, an amendment to the declaration shall be executed and filed for registry and indexed in accordance with R.S. 9:1141.4(D). The amendment shall be effective when filed for registry in the conveyance records of the parish in which the additional immovable property is situated.

D. The community documents of a planned community restricted to a residential use shall not:

(1) Reduce the voting interest required in R.S. 9:1141.14.

(2) Vary any requirement, procedure, or other provision of this Part pertaining to the mandatory requirements of the declaration in accordance with this Section or the provisions of Subpart D of this Part.

La. R.S. § 9:1141.5

Added by Acts 2024, No. 158,s. 2, eff. 1/1/2025, except "For planned communities established by a declaration or similar document filed for registry on or before December 31, 2024, this Act shall become effective on January 1, 2026.".