Louisiana statute reference · La. R.S. 9:1123.115
§ 9:1123.115 - Assessment Obligations and Liens
Assessment obligations - called “charges” in Louisiana civil-law terminology - are the financial foundation of every Louisiana condominium regime. The syndicate's privilege (lien) for unpaid charges is one of its most important enforcement tools, but Louisiana's civil-law enforcement procedures differ significantly from common-law states. Understanding these provisions is critical for any Louisiana condo board managing delinquencies.
Statute text reproduced from the Louisiana Revised Statutes; editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Louisiana counsel.
What boards need to know
Every Louisiana co-owner (unit owner) is obligated to pay their proportionate share of the syndicate's common charges. This obligation is a real right attached to ownership of the private portion - it is not merely a contractual obligation, but a property law obligation that transfers to new owners on sale.
The syndicate's privilege for unpaid charges is a civil-law real right - the Louisiana equivalent of an assessment lien. It secures the debt against the private portion and can be enforced against purchasers and encumbrancers who have constructive notice of the privilege. However, enforcement requires court proceedings under Louisiana civil procedure, not the non-judicial foreclosure processes available in some other states.
Louisiana condo boards dealing with delinquencies face a trade-off: the privilege is a strong real-right tool, but enforcement is judicial and requires Louisiana civil-procedure expertise. Proactive delinquency management - payment plans, early demand letters, and regular financial oversight - is more cost-effective than litigation in most cases.
Key assessment and privilege provisions
Assessment (charge) obligations
La. R.S. § 9:1123.115- Each co-owner obligated for their undivided-fraction share of common charges
- Annual budget adopted by the syndicate council sets total charge need
- Per-co-owner periodic charge follows from the budget and fraction
- Special charges for extraordinary expenses where the declaration authorizes them
- Charge obligation is a real right - transfers with the private portion on sale
Syndicate's privilege (civil-law lien)
La. R.S. § 9:1123.115- Privilege on each private portion for unpaid charges attributable to it
- Attaches when the charge is due
- Enforceable against purchasers and encumbrancers with notice
- Priority governed by Louisiana civil law (differs from common-law priority rules)
- Generally subordinate to recorded mortgages (hypothecs) for charges arising after mortgage date
Enforcement procedure
La. R.S. § 9:1123.115- Judicial enforcement through parish district court (no non-judicial shortcut)
- Action for unpaid charges plus interest, costs, and attorney fees (where declaration provides)
- Judgment obtained; execution against private portion follows under Louisiana civil procedure
- Notice requirements per the Act and declaration before initiating proceedings
- Louisiana civil-procedure expertise required - standard common-law lien counsel insufficient
Common questions about § 9:1123.115
- How are condominium assessments (charges) levied in Louisiana?
- Under the Louisiana Condominium Act, the syndicate council (board) adopts an annual budget for the expenses of the condominium regime, including the costs of managing and maintaining the common elements and any reserve contributions required by the declaration. Each co-owner is then obligated to pay a proportionate share of those expenses - called 'charges' in Louisiana civil-law terminology - calculated based on the co-owner's undivided fraction of the common elements as specified in the declaration.
- What is a 'privilege' in Louisiana law and how does it relate to unpaid assessments?
- A 'privilege' in Louisiana civil law is the functional equivalent of a lien in common-law states - a real right on the co-owner's private portion (unit) securing the payment of unpaid syndicate charges (assessments). Under La. R.S. 9:1123.115, the syndicate has a privilege on each private portion for the unpaid charges attributable to that portion. The privilege attaches to the private portion and is enforceable against purchasers and encumbrancers who have notice of it. Louisiana's privilege law differs significantly from common-law lien law - enforcement procedures and priority rules are governed by Louisiana civil law.
- How does the Louisiana syndicate enforce its privilege for unpaid charges?
- Enforcement of the syndicate's privilege for unpaid charges in Louisiana follows Louisiana civil-law procedures, not the common-law lien-foreclosure procedures used in other states. The syndicate may institute proceedings against a delinquent co-owner by filing an action in the parish district court, obtaining a judgment for the unpaid charges plus interest and costs, and then executing on that judgment against the private portion. Louisiana does not provide a non-judicial (power-of-sale) enforcement shortcut for the syndicate's privilege. The enforcement process requires Louisiana civil-procedure expertise - boards should work with Louisiana counsel familiar with co-ownership enforcement.
- What charges can a Louisiana condo syndicate include in assessments?
- The syndicate's annual charges may include any expense related to the administration, management, maintenance, repair, and replacement of the common elements - management fees, insurance premiums, utilities for common areas, maintenance and repair costs, and reserve contributions where the declaration or regulations require them. Special charges for extraordinary or unexpected expenses may be levied where the declaration and regulations authorize them. The declaration specifies the method for calculating each co-owner's proportionate share of both regular and special charges.
- Are there priority rules for the syndicate's privilege compared to mortgage lenders?
- Louisiana's privilege priority rules for syndicate charges are governed by Louisiana civil law and differ from common-law assessment-lien priority rules. Generally, a recorded mortgage (hypothec in Louisiana civil-law terminology) takes priority over the syndicate's privilege for charges arising after the mortgage was recorded. However, charges arising before the mortgage may have different priority treatment. The specific priority rules, and how they interact with lender rights in a foreclosure or bankruptcy, require analysis by Louisiana civil-law counsel familiar with both condominium law and Louisiana mortgage-priority statutes.
- Can a Louisiana condo syndicate suspend a delinquent co-owner's access to common elements?
- Whether the syndicate can suspend a delinquent co-owner's use of common elements (such as the pool, parking, or other amenities) depends on the declaration and the syndicate's regulations (règlement de copropriété). The Louisiana Condominium Act does not itself specify a statutory right to suspend amenity access for non-payment of charges - this remedy is document-driven, not statutory. Boards should confirm that the authority to suspend amenity access for delinquent co-owners appears in the declaration or regulations before exercising it.
Official source
Full text at legis.la.gov.
Find vetted vendors and run better RFPs for your Louisiana condo association
Find vetted vendors, post RFPs, read vendor reviews from other boards, and stay current on Louisiana statute requirements. Free for association boards.
This is not legal advice. Consult Louisiana community-association counsel for your specific situation.