Louisiana · Part PCA
Louisiana Planned Community Act (La. R.S. 9:1141.1 to 9:1141.50) — Plain-English Summary
Every section of this body of law translated into plain English for Louisiana board members and homeowners.
Definitions and general provisions
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§9:1141.1
Names this Part the Louisiana Planned Community Act. Acts 2024, No. 158 rewrote the old nine-section Homeowners Association Act; the rewrite is in force Janu…
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§9:1141.2
Defines planned community (immovable property whose declaration obligates lot owners to pay assessments related to common areas or other lots — and it does n…
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§9:1141.3
Applies to existing and future planned communities with a recorded declaration, but does not disturb the validity or superiority of a community document reco…
Creation, amendment, and termination
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§9:1141.10
Adjoining lot owners may relocate the boundary between their lots if the move does not change a lot's size by more than 10 percent. Moving a boundary to fold…
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§9:1141.11
A lot may be subdivided into two or more lots on the owner's request and a supermajority vote. The amendment assigns new identifiers and reallocates expenses…
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§9:1141.12
Subject to other law and local ordinances, a declarant may keep sales offices, management offices, and models on lots the declarant owns and may erect advert…
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§9:1141.13
The declarant has a personal servitude of use through the common areas as reasonably necessary to discharge obligations or exercise special declarant rights.…
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§9:1141.14
Unless the declaration sets a different vote, it may be amended by a majority vote. A supermajority is required to create or increase special declarant right…
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§9:1141.15
A planned community may be terminated only by a two-thirds vote, or any greater percentage the declaration specifies. The association prepares and records th…
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§9:1141.16
The declaration may require specified owner or association actions to be approved by lot lenders or association creditors, but that approval right may not ta…
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§9:1141.17
If association powers are delegated to a master association, this Part's association rules apply to that corporation except as this section provides. A maste…
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§9:1141.18
Two or more planned communities may combine into one on the same vote each would need to terminate. If more than one association managed them, the associatio…
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§9:1141.4
A planned community is created when all owners (or the lessee of a leasehold community) execute a declaration and file it in the conveyance records of each p…
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§9:1141.5
The declaration must submit the property, use the phrase planned community in the name, describe the land and each lot, allocate expenses, surplus, and votes…
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§9:1141.6
The declaration allocates to each lot a fraction or percentage of common-expense liabilities, common surpluses, and voting interest, and must state the formu…
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§9:1141.7
To exercise a reserved development right the declarant records an amendment that numbers new lots and reallocates expenses, surplus, and votes. The right to …
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§9:1141.8
The declaration specifies which lot each limited common area is allocated to. That allocation may not be altered without the consent of all directly affected…
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§9:1141.9
Each plat must be a clear surveyor's drawing of the whole community, lots, common areas, encroachments, servitudes, and (for a leasehold community) the lease…
Management of the planned community
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§9:1141.19
A lot-owners association must be organized as a Louisiana nonprofit corporation and may impose assessments. Membership is always all lot owners. The associat…
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§9:1141.20
The association must adopt bylaws and budgets and set a reasonable written-complaint procedure. It may assess, fine, hire managers, and suspend a right or pr…
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§9:1141.21
The board is at least three natural persons, each a lot owner or a juridical-person lot owner's representative (or one per lot if there are fewer than three …
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§9:1141.22
The declaration may reserve a period of declarant control. It ends 120 days after 75 percent of the lots are transferred to unrelated purchasers if no right …
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§9:1141.23
Special declarant rights transfer only as this section provides. A successor who takes those rights steps into the declarant's statutory position to the exte…
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§9:1141.24
During the first two years after the owner-elected board takes office, the association may terminate without penalty — on at least 90 days' notice — a manage…
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§9:1141.25
Bylaws must set the number of directors; how the president, treasurer, secretary, and other officers are elected; qualifications, terms, removal, and vacanci…
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§9:1141.26
Hold an annual meeting (default notice 30 to 60 days). A special meeting must be called if the president, a board majority, or lot owners with at least 20 pe…
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§9:1141.27
Unless the bylaws say otherwise, owner quorum is 20 percent of the voting interest present in person, by proxy, or by timely absentee ballot at the start of …
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§9:1141.28
Directors may not vote by proxy. Lot owners may vote in person, by absentee ballot, by proxy, or (without a meeting) by electronic or paper ballot. Unless a …
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§9:1141.29
Common areas may be transferred or mortgaged only by a two-thirds vote (or a greater declaration vote). A limited common area needs the consent of all owners…
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§9:1141.30
Starting no later than the first transfer of a lot to an unrelated purchaser, the association must carry commercial general liability insurance on the common…
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§9:1141.31
Surplus funds remaining after common expenses and reserve prepayment must be paid annually to lot owners in proportion to common-expense liabilities, or cred…
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§9:1141.32
Until the association authorizes an assessment, the declarant pays all common expenses. After that, assessments are made at least annually on a budget. The l…
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§9:1141.33
Unless the community documents say otherwise, the association maintains, repairs, and replaces common areas and limited common areas; each lot owner maintain…
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§9:1141.34
Communities of more than 25 lots must send a proposed annual budget to lot owners. Within 30 days after adopting a proposed budget the board sends a summary …
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§9:1141.35
A privilege in favor of the association arises on a lot for any assessment attributable to that lot and for any fines imposed against the lot owner. Time per…
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§9:1141.36
Keep accounting records, non-executive minutes, an alphabetical owner list with voting interest, organizational documents and current rules, three years of f…
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§9:1141.37
Before adopting, amending, or repealing a rule the board must give all lot owners notice, the text, and the date it will act after comments. After the vote i…
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§9:1141.38
Deliver required notices by prepaid U.S. mail or commercial courier to the designated mailing address, by email to a designated address, by hand delivery to …
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§9:1141.39
Notwithstanding the community documents, lot owners at a quorate meeting noticed for removal may by majority vote remove any owner-elected director or office…
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§9:1141.40
If people acquire immovable property in the name of an association that is not yet incorporated, and the association later incorporates, corporate existence …
Consumer protections
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§9:1141.41
This consumer-protection Subpart applies to all lots except as modified or waived by agreement of purchasers in a planned community where all lots are restri…
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§9:1141.42
A declarant must prepare a public offering statement before offering any interest in a lot to the public, and must deliver it to a purchaser. The declarant i…
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§9:1141.43
The public offering statement must fully and accurately disclose the listed items: names and addresses, a general description of the community and constructi…
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§9:1141.44
The POS must be delivered at least 15 days before transfer. The purchaser may cancel within 15 days after first receiving it, without penalty, and get a prom…
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§9:1141.45
A declarant's affirmation of fact or promise about the lot, area improvements, or off-site facilities, and a model or description, can create an express warr…
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§9:1141.46
Any limitation, modification, or exclusion of implied warranties is as provided by other law — this section does not create a separate HOA-only warranty stat…
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§9:1141.47
The ordinary legal warranty period applies. The association may assert express or implied warranty claims involving common areas and limited common areas. If…
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§9:1141.48
A declarant, association, lot owner, or other person who has suffered actual damages may sue to enforce a right or obligation in this Subpart. The court may …
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§9:1141.49
Except for improvements labeled NEED NOT BE BUILT in promotional materials or on a plat, the declarant must complete improvements depicted on site plans and …
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§9:1141.50
A contract to sell a lot that requires a public offering statement may be signed, but the declarant may not transfer an interest until the declaration is rec…
Frequently asked about Part PCA
- What is Louisiana Part PCA?
- Louisiana Part PCA — the Louisiana Planned Community Act (La. R.S. 9:1141.1 to 9:1141.50) — is the body of law that governs how every Louisiana HOA is structured, operated, and held accountable. It covers governance, voting, records, assessments, fining, and most of the day-to-day legal questions a board will face.
- How many sections are in Part PCA?
- Part PCA contains 50 sections in this reference. Each is summarized in plain English on its own page, with links to the official text at legis.la.gov.
- Is the summary on this site legal advice?
- No. These pages are plain-English summaries prepared by SoShiny for board members and managers. For binding legal advice or interpretation of how a section applies to your specific situation, consult a Louisiana-licensed attorney.
- How often does Louisiana Part PCA change?
- The Louisiana State Legislature can amend any chapter in any session. We update these summaries when we re-import the official text — see the 'Last updated' date on each section page.
- Does SoShiny enforce Part PCA for me?
- No software 'enforces' a statute — but SoShiny is built around it. Voting, meeting minutes, records access, fining workflow, and audit trails are designed to meet this body of law's requirements out of the box, so the board can demonstrate good-faith compliance if challenged.
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