A bill letting Louisiana condo associations reach homestead equity passed 96-0 and 38-0. The Governor vetoed it
A bill letting Louisiana condo associations reach homestead equity passed 96-0 and 38-0. The Governor vetoed it
2026-09-10 · Louisiana · Legislation · Did not pass
What happened, and it did not. Louisiana's $35,000 homestead exemption still shields a unit owner's equity against a condominium association's assessment judgment. The Legislature voted unanimously to change that in 2025, and the change did not survive.
House Bill 343, by Representative Paula Davis, would have enacted R.S. 20:1(C)(9). It passed the House 96–0 on May 19, 2025 and the Senate 38–0 on June 8, 2025, after a favourable committee report of 11–0. It was enrolled June 9, sent to the Governor, and vetoed. The bill record's action line reads June 20, 2025; the veto letter itself is dated June 23, 2025. Both appear on the Legislature's site and we report both rather than reconciling them.1
The text that would have become law
“Section 1. R.S. 20:1(C)(9) is hereby enacted to read as follows: … C. This exemption shall not apply to any of the following debts: … (9) For all unpaid or accelerated assessments by an association, subject to the Louisiana Condominium Act, that are collected by the association on a regular basis for routine expenditures used for the protection, improvement, and maintenance of the association's common elements, as defined by R.S. 9:1121.103, and associated property.”
It would have taken effect August 1, 2025. Note the scope: condominium associations under the Condominium Act, not planned communities, and routine common-element expenditure rather than fines.2
The Governor's stated reasons
“For decades, exemptions to the homestead protection have been sparse, and no exception has ever existed for unpaid dues for condominium associations (COA) or the similarly structured homeowners' associations (HOA).”
“Weakening the homestead exemption in favor of allowing COAs to evict unit owners from their primary residence is bad policy for Louisiana.”
The veto message's own account of what associations already have
The most useful part of the letter, for a board, is the paragraph in which the Governor sets out the existing toolkit as the reason the change was unnecessary:
“Revised Statute 9:1123.115 specifically entitles COAs to not only recover unpaid assessments, but to obtain a privilege (lien) on the condominium, to accelerate assessments under certain circumstances, and to recover attorneys' fees and costs for enforcing its rights.”
The message adds that the privilege “is inferior only to property taxes and governmental assessments,” and continues:
“Additionally, I have seen no evidence that COAs are unable to enforce judgments or collect unpaid assessments through traditional means of debt recovery, such as judgment debtor examinations and wage garnishment following judgment, without evicting homeowners who may otherwise have little equity in their primary residence.”
“I understand the strain that unpaid assessments place on COAs, and I strongly encourage COAs to aggressively pursue lawful debt collection with the tools currently given to them under the law. However, I cannot support this unbalanced weakening of the homestead exemption.”
That is the Governor's characterisation of the law, not a court's, and we quote it as such. But it is a fair inventory: the privilege, acceleration, and fees are all in R.S. 9:1123.115 for condominiums and in R.S. 9:1141.32 and Part III of the Chapter for planned communities.
The message also makes the arithmetic point that decides most cases: “While the homestead exemption protects a unit owner's equity up to $35,000, nothing under the law precludes a COA from recovery from any equity up to $35,000, and does not preclude creditors from satisfying judgment from equity above this threshold.”
No override, and no revival in 2026
The 2025 Regular Session adjourned sine die on June 12, 2025, so an override would have required a veto session. The Legislature's own session list shows no 2025 veto session — the 2025 First Extraordinary Session, convened October 23, 2025, was called for a single object: “To legislate relative to the election code, election dates, election deadlines, and election plans for the 2026 election cycle.” HB 343 was one of eighteen instruments on the 2025 veto list, and the Final Disposition table records it as VETOED.
Nor was it refiled. A search of the complete 972-act index of the 2026 Regular Session for “homestead,” “seizure” and “exempt” returns Act 34 (a homestead-exemption registration form) and Act 55 (exemptions from seizure for motor vehicles). Neither touches association assessments.
Where the question actually went
To the Louisiana State Law Institute, by resolution. Senate Resolution 18 of the 2026 Regular Session, by Senator Franklin Foil — adopted April 8, 2026 and sent to the Secretary of State — resolves:
“THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana does hereby urge and request the Louisiana State Law Institute to study and recommend legislation relative to the feasibility of allowing an exception to the homestead exemption from seizure for certain unpaid or accelerated costs subject to the Louisiana Condominium Act.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute report its findings and recommendations to the legislature on or before March 1, 2027.”
A resolution changes no statute, and this one needed no gubernatorial signature. What it does is fix a date. March 1, 2027 falls six weeks before the 2027 Regular Session convenes on April 12.3
The resolution's recitals are also a compact statement of current law, and they name a figure worth carrying: Louisiana law “creates a privilege for the condominium association on a condominium parcel for all unpaid or accelerated sums assessed by the association, any fines or late fees in excess of two hundred fifty dollars, and interest at the rate provided in the condominium declaration or, in the absence, at the legal interest rate” — and “the homestead exemption does not include an exception for certain unpaid or accelerated condominium association costs.”
What this means for a board today
The exemption applies. A condominium association with a judgment against a delinquent owner reaches equity above $35,000 and does not reach the protected tranche — and in a Louisiana market where many units carry little equity, that is frequently the whole recovery. The routes that remain are the ones the veto message named: the recorded privilege with its rank, acceleration where the trigger is met, fee recovery, and ordinary judgment enforcement including debtor examinations and garnishment.
What to watch next
March 1, 2027, for the Law Institute's report. And note the same Institute has separately finished a full revision of the Condominium Act aimed at the 2027 session — so a homestead recommendation could arrive alongside a rewrite of the Act the exemption question sits inside.
Related Louisiana HOA Topics
- Veto message, Gov. Jeff Landry to Speaker DeVillier and Clerk Fontenot, June 23, 2025 (HB 343) ↩
- Résumé Digest, HB 343 (2025 Regular Session), reprinting the veto message in full ↩
- Senate Resolution 18 (2026 Regular Session) — enrolled text, Law Institute study of the homestead-exemption question ↩
- Instruments Vetoed by the Governor for the 2025 Regular Session — Louisiana Legislature ↩
- HB 343 (2025 Regular Session) — bill record, full action history and vote tallies ↩
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