Louisiana HOA Laws 2026: Civil Law Jurisdiction & Condominium Act (La. Rev. Stat. § 9:1121.101)

Louisiana is the only state in the United States that operates under a Civil Law system derived from French and Spanish law, rather than the English Common Law tradition used in all other states. This creates unique HOA terminology and legal frameworks — including the use of "co-ownership" concepts rather than common area ownership, and "servitudes" rather than easements.

The Louisiana Condominium Act: La. Rev. Stat. § 9:1121.101

Louisiana condominiums are governed by the Louisiana Condominium Act (La. Rev. Stat. §§ 9:1121.101 through 9:1124.116). The Act establishes the framework for creating and operating a condominium regime, including the declaration (called the "condominium declaration"), the unit owners' association, common element management, and the right to collect assessments.

Civil Law Concepts: What's Different in Louisiana

Key Louisiana-specific concepts that differ from other states:

• "Servitude" — used instead of easement; a right attached to property rather than a person
• "Co-ownership" — the legal form of common element ownership in Louisiana condominiums
• "Mandatary" — the Civil Law equivalent of an agent; the association acts as mandatary for owners
• "Procès-verbal" — the formal term for meeting minutes in Francophone-influenced Louisiana practice
• Prescription periods — Louisiana uses "prescriptive periods" (statute of limitations) that differ from common law states

Planned Community HOAs in Louisiana

Louisiana does not have a standalone Planned Community Act. Most planned community HOAs (subdivisions) operate under their recorded restrictions (called "building restrictions" or "restrictive covenants" in Louisiana law) and Louisiana nonprofit corporation law. Louisiana Civil Code Article 775 et seq. govern predial servitudes and building restrictions.

Assessment Liens in Louisiana

Louisiana condominiums have a statutory privilege (the Civil Law equivalent of a lien) for unpaid assessments under La. Rev. Stat. § 9:1123.115. The privilege must be filed in the mortgage records of the parish (county equivalent) where the property is located. Louisiana generally requires judicial process to foreclose on HOA assessment privileges.

Enforcement: Building Restrictions

Louisiana courts enforce HOA building restrictions as real rights — meaning they run with the land and bind all future owners. Violation of building restrictions can be enforced by injunction (court order to stop the violation) or by damages. Courts have a 2-year prescriptive period for enforcement actions from the date the violation was known or should have been known.