Louisiana HOAs may fine — and may not be arbitrary or capricious about it
Louisiana HOAs may fine — and may not be arbitrary or capricious about it
2026-09-10 · Louisiana · Legislation
What happened. Louisiana's fining law for homeowners associations used to be whatever the declaration said. Since the Planned Community Act reached pre-2025 communities on January 1, 2026, it is also R.S. 9:1141.20 — a powers section that grants the fining authority, then constrains how the decision to use it may be made.
The grant
“(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.”
Two things to notice. Fines reach “lot owners and occupants,” so a tenant is within the statutory grant. And the qualifier is “reasonable” — there is no dollar cap anywhere in the Act.1
Discretion, and its outer bound
“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.”
Subsections (D) and (E) are permissive; subsection (F) is the limit. Read together they answer the most common complaint made to any board — that it enforced against one owner and not another — by saying selective enforcement is allowed, and arbitrary selection is not.
The two things an association may not do to a delinquent owner
“(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.”
Gate codes, pool keys and voting rights sit inside the suspension power. Access to the lot itself does not, and neither does any service whose withdrawal would endanger health, safety or property. In a gated Louisiana community served by association-maintained roads or association-contracted drainage, that second carve-out is broader than it first looks.
What “reasonable” is measured against, since there is no cap
Do not read a fine ceiling into the Act, because there is not one. The nearest cross-reference runs the other way: R.S. 9:1141.32(B) allows late fees and interest “at the rate established by the association, which shall not exceed the rate established in Part III of this Chapter,” and Part III's rate provision, R.S. 9:1146(C), sets the rate as the one provided in the declaration or, failing that, the legal interest rate. So there is a ceiling on late-payment interest and no numeric ceiling on fines.
For contrast worth knowing: the Condominium Act, in its privilege provision at R.S. 9:1123.115, speaks of “any fines or late fees in excess of two hundred fifty dollars” — a figure that appears in the lien context and has no counterpart in the Planned Community Act.
The complaint procedure is mandatory, and boards keep missing it
Among the duties in subsection (A)(1) is this:
“(c) Establish reasonable procedures for addressing and resolving written complaints from lot owners.”
“[S]hall” governs the list this sits in. It is the closest thing Louisiana has to a statutory internal dispute process for association disputes, and it is a duty to have a procedure, not merely to answer letters.
The timing limit nobody legislated
The practical constraint on delayed enforcement in Louisiana is not in the Act at all — it is Civil Code article 781's two-year prescriptive period for an action on a building-restriction violation. The First Circuit sharpened it in 2025 in Harbor Crossing Homeowners' Association v. Niquiporo, No. 2024 CA 1289 (La. App. 1 Cir. 5/30/2025), holding that the clock starts at a noticeable violation rather than at the first construction activity, and reversing a dismissal on prescription.2
That cuts both ways for a board. Waiting is dangerous once a violation is apparent; but the period does not silently expire while a violation is still invisible.
And the gap-filler, when the documents say nothing
“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.”
This is the express hierarchy, and it is worth citing rather than inferring: declaration first, then the Act, then Title 12.
What to watch next
The one Louisiana attempt at a statutory fine cap was HB 817 of 2026, which proposed limiting fines to “one hundred dollars per violation at a maximum of two thousand five hundred dollars for ongoing issues,” with a mandatory fine schedule, a dispute-resolution process and at least ten days' notice of a hearing. It died in committee on April 7, 2026. Louisiana's standard remains “reasonable,” tested case by case.
Related Louisiana HOA Topics
- La. R.S. 9:1141.20 — Powers and duties of the lot owners association ↩
- Harbor Crossing Homeowners’ Ass’n v. Niquiporo, No. 2024 CA 1289 (La. App. 1 Cir. May 30, 2025) ↩
- La. R.S. 9:1146 — Demand; privilege; notice ↩
- Act No. 158, 2024 Regular Session (SB 23) — enrolled Act text, Louisiana Legislature ↩
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