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Louisiana's wind-mitigation money is written to exclude condominiums

Louisiana's wind-mitigation money is written to exclude condominiums
Louisiana · Legislation

Louisiana's wind-mitigation money is written to exclude condominiums

What happened. Louisiana has built a substantial stack of incentives for hurricane-resistant roofs. Almost none of it reaches a condominium building, and the exclusions are express rather than accidental.

The grant: excluded by name

The Louisiana Fortify Homes Program pays up to $10,000 toward a roof retrofitted to the Insurance Institute for Business and Home Safety FORTIFIED standard. The statutory gate is a homestead exemption — R.S. 22:1483.1(A)(1) authorises grants “to retrofit roofs of insurable property, as defined in R.S. 22:1483, with a homestead exemption.”

The Department of Insurance's own program rules put it beyond argument. Under “REGARDING HOME ELIGIBILITY”:

“The home must be a residence with a homestead exemption that is not a condominium or mobile home.”

Grant amounts are capped at $10,000, work must be completed within 90 days of the eligibility notice, awards are made by lottery rather than first-come, at least three bids from approved contractors are required, and the money is paid directly to the contractor.1

The tax credit: excluded by name again

Act 404 of the 2025 Regular Session created the Louisiana Fortified Roof Tax Credit Program at R.S. 47:6044. Its definition of what qualifies is where the exclusion sits:

“(3) 'Qualifying property' means insurable property, as defined in R.S. 22:1483, owned by a resident taxpayer and on which the resident taxpayer has a homestead exemption. Qualifying property shall not include new construction homes, condominiums, and mobile homes.”

The credit is nonrefundable, equal to certified qualified expenses “not to exceed ten thousand dollars per resident taxpayer,” available for expenses incurred on or after July 1, 2025, with a statewide ceiling of “ten million dollars per fiscal year.”2

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The one that does reach an association's building

The discount mandate is drafted the other way. R.S. 22:1483 obliges insurers to give a FORTIFIED discount, and its definition of what counts is deliberately wide:

“All insurers required to submit rating plans to the commissioner shall provide an actuarially justified discount, credit, rate differential, adjustment in deductible, or any other adjustment to reduce the insurance premium charged to any insured who builds or retrofits a structure to comply with the requirements of the fortified home and fortified commercial standards created by the Insurance Institute for Business and Home Safety.”

“For the purposes of this Subsection, insurable property includes residential property, commercial property, modular homes, and manufactured homes that may be retrofitted.”

“[C]ommercial property” and “fortified commercial standards” are the operative words. An association master policy is a commercial placement, so an association that retrofits a common-element roof to the FORTIFIED Commercial standard is inside the discount mandate even though it was outside the grant and outside the credit.

And the paperwork bar is low. LDI Bulletin 2025-03, issued May 21, 2025:

“The IBHS FORTIFIED© Certificate is the only required documentation needed to establish eligibility to receive the fortified discount.”

“Insurers and producers shall not require the completion of a Louisiana Hurricane Loss Mitigation Survey form, in addition to obtaining an IBHS FORTIFIED© Certificate as a requirement to obtain the FORTIFIED© Roof Discount per La. R.S. 22:1483.”

What the discount is worth is still being decided — for residential policies

The Department is midway through Regulation 136, “Fortify Homes Premium Discounts,” which would set mandatory benchmark discounts. Its Notice of Intent, published in the Louisiana Register of October 20, 2025 at page 1726, originally required a fixed band:

“A. All insurers authorized to write property and casualty insurance in Louisiana must provide a premium discount or insurance rate reduction in the range of twenty to thirty percent for all eligible properties as contemplated in §20907 herein.”

After written comments from the Allstate group and the American Property Casualty Insurance Association, the Department stripped the band out. The substantive-changes notice in the April 2026 Register, at page 635, explains:

“The Department of Insurance proposes amending §§20909, 20913, and 20915 of the current Notice of Intent to promulgate Regulation 136 by removing the requirement that premium discounts or insurance rate reductions be in the 20 to 30 percent range. As revised, the proposed regulatory language now establishes that mandatory premium discounts or insurance rate reductions must be offered in accordance with the rates published on the Department of Insurance's website.”

Two points for an association. First, Regulation 136 is still a proposed rule — a public hearing was held May 21, 2026, the Department filed a Summary Report on July 13, 2026 announcing its intention to proceed to final rulemaking, and no Rule had appeared as of the Register of August 20, 2026. Second, and more importantly, §20907 keys the mandatory discount to “residential property.” An association's route to a FORTIFIED discount is the general R.S. 22:1483(C) mandate with no benchmark attached, not Regulation 136's table.3

Two smaller money items, for completeness

  • Grants are now tax-free. Act 32 of 2025 added R.S. 22:1483.1(F): “Grant amounts received on or after January 1, 2025, shall be exempt from inclusion in the recipient's taxable income for purposes of state individual income tax as provided in R.S. 47:293(9)(a)(xxvii).”
  • The retrofitting deduction doubled. Act 473 of 2025, effective January 1, 2026, raised the construction code retrofitting deduction cap from five thousand dollars to ten thousand “per retrofitted residential structure” and extended it to the IBHS fortified home standards. It too runs through the homestead exemption and excludes rental property.

Where the money is going instead

Act 416 of 2026, effective on signature May 27, 2026, created a pipeline from Louisiana Citizens into the grant fund. It defines “excess emergency assessment monies” as monies from emergency assessments “that are no longer required to pay, secure, or otherwise satisfy bonds or other indebtedness payable from, or secured by, emergency assessment revenues,” and directs that Citizens transfer them “to the state treasurer for deposit into the state treasury for deposit into the Louisiana Fortify Homes Program Fund … for the exclusive purpose of funding the Louisiana Fortify Homes Program.” Citizens must publish the board resolution and report the amount and date within sixty days of a transfer.

There is an irony worth stating plainly: those emergency assessments were levied on every Louisiana property policy including association master policies, and the fund they now feed is one condominium associations cannot draw on.

What an association can actually do

  • Ask for the discount on the master policy. R.S. 22:1483(C)(9) puts commercial property inside the mandate; the certificate is the only document the carrier may require.
  • Fund the retrofit from reserves or assessment. There is no grant to apply for, so a FORTIFIED roof on common elements is a reserve project with an insurance payback rather than a subsidised one.
  • Tell detached-home owners about their own eligibility. In a subdivision association, an owner with a homestead exemption on a non-condominium, non-new-construction home may qualify for the grant, the credit and the deduction; the association qualifies for none of them.

What to watch next

Final publication of Regulation 136, and the benchmark rates the Department posts on its website, which the amended §20909 makes the operative figure. Neither had appeared in the Register as of the August 2026 issue.

Related Louisiana HOA Topics

← All Louisiana HOA Topics

  1. Louisiana Department of Insurance, LFHP Homeowner Rules and Requirements (version 5/29/2026)
  2. Act No. 404, 2025 Regular Session (SB 28) — Louisiana Fortified Roof Tax Credit Program, enrolled text
  3. Louisiana Register Vol. 51, No. 10 (October 20, 2025) — Regulation 136 Notice of Intent, at p. 1726
  4. Louisiana Register Vol. 52, No. 4 (April 20, 2026) — Regulation 136 substantive changes, at p. 635
  5. La. R.S. 22:1483 — FORTIFIED discount mandate, including the “insurable property” definition
  6. Act No. 416, 2026 Regular Session (HB 1187) — excess emergency assessment monies, enrolled text

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