§ 9:1146 — Demand; privilege; notice

Louisiana § 9:1146

• Jurisdiction: Louisiana
• Title 9: Civil Code-Ancillaries

Text

§1146. Demand; privilege; notice
A. When an owner has failed to pay the charges, expenses, or dues imposed upon his
lot or unit, the association shall make written demand for past due charges, expenses, or dues
owed by any of the following methods:
(1) United States mail postage paid, or commercial courier as defined in Code of
Civil Procedure Article 1313(D), to the mailing address designated by the owner.
(2) Electronic mail to the address designated by the owner.
(3) Hand delivery to the physical location of the lot or unit, if neither a mailing
address nor an electronic mail address has been designated by the owner.
(4) United States mail postage paid, or commercial courier as defined in Code of
Civil Procedure Article 1313(D), to the mailing address of each lot or unit.
(5) Any other method reasonably calculated to provide notice to the owner.
B.(1) The owner shall have thirty days after the written demand to deliver payment
for the amount owed to the association.
(2) The association shall apply any sums paid by the owner following delivery of the
written demand in the following order:
(a) Unpaid assessments.
(b) Late charges.
(c) Reasonable attorney fees, costs, and other collection charges.
(d) All other unpaid fees, charges, fines, penalties, and interest.
(3) After expiration of the thirty-day period, the association may file a sworn detailed
statement of privilege in accordance with this Part.
C. Upon the filing of a sworn detailed statement of privilege, the association shall
have a privilege upon the lot or unit and improvements thereon. The privilege shall secure
unpaid charges, expenses, or dues imposed by the association, together with interest thereon
at the rate provided in the declaration or, in the absence thereof, at the legal interest rate from
the date due and any amount awarded in accordance with Subsection D of this Section.
D. For actions brought pursuant to this Section, the court may award the prevailing
party costs of court, reasonable attorney fees, and other related costs.

Legislative History

Added by Acts 1979, No. 583, §1; Acts 2024, No. 158, §2, eff. Jan. 1, 2025.