Louisiana's association lien machinery was rewritten, and it now runs on two different clocks
Louisiana's association lien machinery was rewritten, and it now runs on two different clocks
2026-09-10 · Louisiana · Legislation
What happened. Act 158 of 2024 did not only replace Louisiana's homeowners association statute. It also rewrote Part III of the same Chapter — R.S. 9:1145 through 1148 — which is the demand-and-privilege machinery every Louisiana association uses to collect. Part III is the one piece of the Act that reaches condominium associations as well as planned communities.
Whom it covers, and the payoff statement it requires
“A. This Part authorizes associations, including associations organized in accordance with R.S. 9:1123.101 or 1141.19, to enforce the payment of assessments authorized in the community documents. A privilege in favor of the association shall arise on a lot or unit for any assessment attributable to that lot or unit or any fines imposed against the owner.”
The cross-reference to R.S. 9:1123.101 is the Condominium Act's association section. Part III therefore speaks to condominium and planned-community associations in the same breath.1
Thirty days, then the order in which money is applied
“B.(1) The owner shall have thirty days after the written demand to deliver payment for the amount owed to the association.
(2) The association shall apply any sums paid by the owner following delivery of the written demand in the following order: (a) Unpaid assessments. (b) Late charges. (c) Reasonable attorney fees, costs, and other collection charges. (d) All other unpaid fees, charges, fines, penalties, and interest.
(3) After expiration of the thirty-day period, the association may file a sworn detailed statement of privilege in accordance with this Part.”
The application order is mandatory and it is the reverse of the order many Louisiana managers have used. Assessments come off first; fines and interest come off last. An association that applies a partial payment to fines before assessments is not merely being aggressive — it is applying the payment contrary to paragraph (2).2
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- Rank: priority from the date of filing, not from the date of delinquency
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