Louisiana HOAs must now carry liability insurance on the common areas — to the extent it is available
Louisiana HOAs must now carry liability insurance on the common areas — to the extent it is available
2026-09-10 · Louisiana · Legislation
What happened. Louisiana planned-community associations now have a statutory insurance duty. They did not before. R.S. 9:1141.30 reached associations with pre-2025 declarations on January 1, 2026, and what it requires is narrower than the headline suggests.
The duty
“A. Commencing not later than the time of the first transfer of a lot to an unrelated purchaser, the association shall maintain, to the extent reasonably available and subject to reasonable deductibles, commercial general liability insurance, in an amount determined by the board of directors, but not less than any amount specified in the declaration, covering all occurrences commonly insured against for bodily injury, death, and property damage arising out of or in connection with the use, ownership, or maintenance of the common areas. The declaration may require the association to carry any other insurance, and the association may carry any other insurance it considers appropriate to protect the association or the lot owners.”
Three qualifiers do most of the work: “to the extent reasonably available,” “subject to reasonable deductibles,” and “in an amount determined by the board of directors, but not less than any amount specified in the declaration.” The statute sets no coverage figure of its own. The declaration's number, if there is one, is the floor.1
And the duty to say so when it is not available
“B. If the insurance required in Subsection A of this Section is not reasonably available, the association shall promptly notify all lot owners.”
“C. The issuance of an insurance policy to the association does not prevent a lot owner from obtaining insurance for the lot owner's own benefit.”
In the Louisiana market, subsection (B) is not hypothetical. It converts a placement failure into a disclosure obligation with a deadline expressed as “promptly.”
What the section conspicuously does not require
This is the part worth being precise about, because it is easy to over-read. R.S. 9:1141.30 obliges a planned-community association to carry commercial general liability insurance. It does not oblige it to carry property or hazard insurance on the common areas at all.
Contrast the Condominium Act, which does. R.S. 9:1123.112(A)(1) requires a condominium association to maintain “[p]roperty insurance on the common elements and units,” with the total “after application of any deductibles” being “not less than eighty percent of the actual cash value of the insured property.” A Louisiana condominium has a statutory property-insurance floor. A Louisiana subdivision association does not.
So a planned-community board deciding whether to insure a clubhouse, a pool building or a gate structure is making a business and declaration judgment, not complying with a statute.
Directors and officers coverage is permissive, and sits elsewhere
The D&O authorisation is in the powers section rather than the insurance section. R.S. 9:1141.20(A)(2)(n) lets the association “[p]rovide for the indemnification of its officers and board of directors and maintain directors and officers liability insurance.” “[M]ay” governs. Given that R.S. 9:1141.21(B) exposes directors to liability “as provided in R.S. 9:2792.7 or as otherwise provided by law,” a board relying on statutory immunity alone is relying on a shield with enumerated holes in it.
Who bears the insurance cost, and how it may be split
One clause of the assessments section bears directly on this. R.S. 9:1141.32(D)(3) provides that “[t]he costs of insurance may be assessed in proportion to risk” — but only “[t]o the extent required by the declaration.” An association whose premium is driven by exposure on some lots and not others has statutory footing for a differential allocation, conditioned on its recorded documents saying so.
The two market facts that will decide whether the duty can be met
First, the notice a board gets is longer than it was. Acts 2025 No. 182 doubled the written notice an insurer must give before cancelling or not renewing a property or casualty policy from thirty days to sixty, effective July 1, 2026, and added a requirement that the notice state the cause. Acts 2026 No. 848 made the matching change inside the Standard Fire Policy form, applying to new policies issued on or after July 1, 2026 with in-force policies converting at renewal and no later than July 1, 2027.
Second, the regulator now knows before the association does — and the association cannot find out. LDI Bulletin 2026-06, issued March 31, 2026, requires an insurer to notify the Commissioner within ten days of telling its producers it will cease, pause or resume writing in any Louisiana region. The same bulletin records that the filing is confidential:
“Any information submitted to the Commissioner pursuant to La. R.S. 22:1276 is confidential and proprietary and is not subject to public disclosure pursuant to the Public Records Law, La. R.S. 44:1, et seq., except as otherwise required by law or pursuant to an order of a court of competent jurisdiction.”
A Louisiana board's early-warning system is therefore its agent, not the Department of Insurance.3
What a board can do this policy year
- Read the declaration for a coverage figure. It is the statutory floor, and it may be decades old.
- Minute the board's determination of the amount. Subsection (A) makes it a board decision; a decision that was never made is hard to defend as reasonable.
- Draft the subsection (B) notice in advance. “[P]romptly” is not a comfortable standard to interpret during a placement crisis.
- Do not assume a property-insurance duty exists, and do not assume it does not matter. Lender and mortgagee requirements, not the Act, are usually what compels a planned community to insure common-area structures.
What to watch next
Nothing in the 2025 or 2026 sessions amended R.S. 9:1141.30, and nothing amended the Condominium Act's insurance section either — R.S. 9:1123.112 still carries its 2019 text. The Law Institute's completed Condominium Act revision, aimed at the 2027 session, is the vehicle where a change to either would most plausibly appear.
Related Louisiana HOA Topics
- La. R.S. 9:1141.30 — Insurance (Louisiana Planned Community Act) ↩
- La. R.S. 9:1123.112 — Insurance (Louisiana Condominium Act) ↩
- LDI Bulletin 2026-06 (March 31, 2026) — notice to the Commissioner on ceasing, pausing or resuming writing ↩
- Act No. 158, 2024 Regular Session (SB 23) — enrolled Act text, Louisiana Legislature ↩
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