Louisiana · Weigh your options
HOA and condo association foreclosure in Louisiana
In Louisiana, a homeowners or condo association that is not paid can file a privilege (Louisiana's word for a lien) on your home and then sue to enforce it. Since January 1, 2025, one set of rules in La. R.S. 9:1145 to 1148 covers privileges for both subdivision associations and condo associations, and it requires a written demand and 30 days to pay before the privilege is filed. The privilege ranks from the day it is filed, so a mortgage recorded before then stays ahead. There are no "super priority" months.
Reviewed against Louisiana law and official sources on October 12, 2026. General information, not legal advice.
HOA and condo collection rules in Louisiana, step by step
Which law covers your community
Check your recorded community documents
Condos are governed by the Louisiana Condominium Act, starting at La. R.S. 9:1123.101. A 2024 law created the Louisiana Planned Community Act, La. R.S. 9:1141.1 and following, for subdivision associations, effective January 1, 2025. The privilege rules in La. R.S. 9:1145 to 1148 cover associations under either act, and they enforce the assessments your community documents allow.
La. R.S. 9:1145(A), (B); Acts 2024, No. 158
Written demand, then 30 days to pay
30 days after the demand
Before filing a privilege, the association must send you a written demand for the past due amount by mail, courier, email to the address you gave it, or another method listed in the law. You then have 30 days to pay. Money you pay after the demand goes first to unpaid assessments, then late charges, then attorney fees and collection costs, and last to fines, penalties and interest.
La. R.S. 9:1146(A), (B)
The sworn statement of privilege
After the 30 days run out
The association files a sworn detailed statement in the parish mortgage records showing the property, the owner, when the assessment became delinquent, the dues and any accelerated amount, fines and late fees, and the date of the demand. It must send you a copy when it files. The privilege secures the unpaid charges, interest, and any court costs and attorney fees a court awards.
La. R.S. 9:1146(C), (D); 9:1147
Where it ranks against your mortgage
From the day the statement is filed
The privilege takes effect against others when the statement is filed, and it ranks ahead of mortgages and rights that become effective after that time. A mortgage recorded before the filing, like most purchase mortgages, stays ahead. For condos, the Condominium Act also puts property taxes and certain government assessments ahead.
La. R.S. 9:1148(B); 9:1123.115(C)
Deadlines for the association to sue
1 year for fines, 5 years for dues
If the charge is for an alleged violation of community documents, the association must file suit and record a notice of pending action within 1 year after filing the privilege, or the privilege ends as to third persons. For regular dues and reasonable assessments, the deadline is 5 years. An expired privilege can be cancelled from the records on written application.
La. R.S. 9:1148(A)
Condo rules: fines over $250 and acceleration
If you miss 3 months in any 8
The Condominium Act lets the privilege cover fines or late fees over $250, and if you miss common element assessments for 3 months or more in any 8-month period, the association may accelerate 12 months of those assessments after giving you notice. If a condo association files a privilege for money you do not owe and you sue to clear it, it must pay your costs and reasonable attorney fees.
La. R.S. 9:1123.115(A)
Get a binding statement of what you owe
Within 10 business days of a written request
The association must give you a statement of unpaid assessments within 10 business days after you ask in writing, and the statement binds it. Ask for one before you pay or negotiate. We found no Louisiana statute requiring a payment plan, so ask in writing.
La. R.S. 9:1145(D)
Common questions in Louisiana
Can a Louisiana HOA file a privilege for fines?
Yes. La. R.S. 9:1145(A) says a privilege can arise for assessments or fines. But for charges based on alleged violations of community documents, the association must file suit within 1 year after filing the privilege, or it loses its effect against third persons (La. R.S. 9:1148). Payments are applied to fines last.
My Louisiana HOA filed a privilege without sending me a demand letter. Is that allowed?
The law requires a written demand and 30 days to pay before the sworn statement is filed (La. R.S. 9:1146). Gather proof of what you received and when, and talk to legal aid or a lawyer about challenging the filing. Keep paying current dues if you can.
Does the 2025 Louisiana Planned Community Act change my older subdivision's rules?
The 2024 law that created it, effective January 1, 2025, rewrote the privilege rules that apply to existing associations too. The legislature's digest says it does not require older associations to change their community documents. Read your declaration together with La. R.S. 9:1145 to 1148.
Step by step
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Also in Louisiana
Property tax foreclosure Claim surplus funds Deficiency judgments HOA and condo liens (this page)Renters after foreclosure Letters you may getBack to the Louisiana overview
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Sources for this page
- La. R.S. 9:1145: Privileges; enforcement
- La. R.S. 9:1146: Demand; privilege; notice
- La. R.S. 9:1147: Sworn detailed statement; filing
- La. R.S. 9:1148: Privilege; time periods; rank
- La. R.S. 9:1123.115: Condominium privilege on immovables
- SB 23 (2024 Regular Session) digest: Louisiana Planned Community Act
- La. Civil Code art. 2711: Transfer of thing by lessor does not terminate lease
- La. Civil Code art. 2712: Transfer of thing does not transfer lease obligations
- Act 240 of 2026 (SB 77), enrolled: Civil Code lease articles including art. 2681.1
- La. R.S. 9:3251: Lessee's deposit
- La. C.C.P. art. 4701: Notice to vacate
- Protecting Tenants at Foreclosure Act, Pub. L. 111-22 § 702, note under 12 U.S.C. § 5220 (govinfo)
- La. C.C.P. art. 2721, Seizure of property; notice
- La. C.C.P. art. 2642, Assertion of defenses; appeal
- La. C.C.P. art. 2640, Citation unnecessary
- La. C.C.P. art. 2753, Security not required in certain cases
- La. C.C.P. art. 2723, Appraisal of property, unless waived
- La. C.C.P. art. 2771, When deficiency judgment obtainable
- La. C.C.P. art. 2331, Publication of notice of sale
- La. C.C.P. art. 2336, Minimum price; second offering
- La. C.C.P. art. 2373, Distribution of proceeds of sale
- La. C.C.P. art. 2293, Notice to judgment debtor
- La. R.S. 13:3852, Notices of seizure
- La. R.S. 13:4106, Deficiency judgment prohibited if sale made without appraisement
- La. R.S. 43:203, Judicial advertisements
- Louisiana Office of Community Development, Louisiana Homeowner Assistance Fund
- Louisiana Office of Financial Institutions, Complaints
- La. C.C.P. art. 2752, Injunction procedure
- La. C.C.P. art. 2754, Security otherwise required
- La. C.C.P. art. 3721, Methods of enforcing mortgage
- La. C.C.P. art. 4702, Notice to occupant other than tenant to vacate
- La. C.C.P. art. 4704, Definitions (occupant)
- La. C.C.P. art. 4732, Trial of rule; judgment of eviction
- La. C.C.P. art. 4733, Warrant for possession
- La. R.S. 13:4346, Failure of occupant to deliver possession to purchaser; writ of possession