RS 9:1141.20

§1141.20. Powers and duties of the lot owners association A.(1) Except as otherwise provided in this Part, the association shall do the following: (a) Adopt bylaws. (b) Adopt budgets as provided in R.S. 9:1141.34. (c) Establish reasonable procedures for addressing and resolving written complaints from lot owners. The procedures may include any of the following: (i) A sample form for lodging the written complaint. (ii) A description of the manner in which complaints are to be delivered to the association. (iii) Written acknowledgement of receipt of the complaint. (iv) The inclusion of specific related documentation including the applicable law or regulation. (v) The requested action or resolution. (vi) The manner in which additional information may be requested. (vii) The time period for responding. (viii) Disposition of the complaint for lack of information. (ix) Notice of the date, time, and location that the complaint will be considered. (x) Written notice of the final determination. (xi) Contents of the final determination including the date of issuance and any applicable citations, laws, or regulations. (2) Except as otherwise provided in this Part, the association may do the following: (a) Amend bylaws and adopt and amend rules. (b) Amend budgets, collect assessments for common expenses from lot owners, and invest funds of the association. (c) Hire and discharge managing agents and other employees, agents, and independent contractors. (d) Institute, defend, or intervene in litigation or in arbitration, mediation, or administrative proceedings in its own name on behalf of itself or any lot owner or occupant on matters affecting the common interest of the planned community. (e) Enter into contracts and incur liabilities. (f) Regulate the use, maintenance, repair, replacement, and modification of common areas. (g) Cause additional improvements to be made as a part of the common areas. (h) Acquire, hold, encumber, and transfer in its own name any right, title, or interest to immovable or movable property, whether corporeal or incorporeal, but common areas may be transferred or subjected to a security right only pursuant to R.S. 9:1141.29. (i) Grant servitudes, leases, and licenses through or over the common areas. (j) Impose and receive any payments, fees, or charges for the use, rental, or operation of the common areas and for services provided to lot owners or occupants. (k) Impose charges, including interest and attorney fees, against lot owners for late payment of assessments. (l) Impose reasonable fines, including interest and attorney fees, against lot owners and occupants for violations of the community documents in accordance with Part III of this Chapter. (m) Impose reasonable charges, including interest and attorney fees, for the preparation and recordation of amendments to the declaration or statements of privilege. (n) Provide for the indemnification of its officers and board of directors and maintain directors and officers liability insurance. (o) Exercise any other powers conferred by the community documents. (p) Exercise any other powers that may be exercised by organizations of the same type. (q) In addition to the rights of the association provided in R.S. 9:1141.32, suspend any right or privilege of a lot owner or occupant who fails to pay an assessment or who violates any provision of the community documents, provided that the association shall not do either of the following: (i) Deny a lot owner access to the lot owner's lot. (ii) Withhold services provided by the association to a lot, a lot owner, or an occupant if the effect of withholding the service would endanger the health, safety, or property of any person. B. An association may require that an occupant execute and file with the association a lease or other occupancy agreement containing mandatory language for the benefit of the association. Any occupant who fails to comply with the provisions of this Subsection may be denied access to a lot. C. If an occupant violates the provisions of the community documents, the association may, in addition to exercising any of its powers against the lot owner, enforce against the occupant mandatory provisions required to be contained in the lease or other occupancy agreement. D. The association may determine whether to take enforcement action by imposing sanctions or commencing an action for a violation of the provisions of the community documents, including whether to compromise any claim for unpaid assessments or other claim made by or against the association or to seek eviction consistent with Part III of this Chapter. E. The association has discretion in pursuing or declining enforcement depending on each set of circumstances. F. The association shall not be arbitrary or capricious in its decision to pursue or decline enforcement in accordance with Subsections D and E of this Section. G. The board of directors shall establish a reasonable method for lot owners and occupants to communicate, which may include by electronic transmission, with the board of directors on matters concerning the association. H. In the event that the community documents fail to provide for a certain action or procedure, the general provisions of this Part and of the Nonprofit Corporation Law, R.S. 12:201 et seq., shall govern. Acts 2024, No. 158, §2, eff. Jan. 1, 2025.