Louisiana Revised Statutes 9:1122.105 – Contents of the condominium declaration
Terms Used In Louisiana Revised Statutes 9:1122.105
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- association: means a corporation, or unincorporated association, owned by or composed of the unit owners and through which the unit owners manage and regulate the condominium. See Louisiana Revised Statutes 9:1121.103
- Common elements: means the portion of the condominium property not a part of the individual units. See Louisiana Revised Statutes 9:1121.103
- Common expenses: means :
(a) Expenses of administration, maintenance, repair, and replacement of the common elements. See Louisiana Revised Statutes 9:1121.103
- Condominium property: means all interests in land, improvements thereon, and all servitudes and rights attaching to the condominium. See Louisiana Revised Statutes 9:1121.103
- Declarant: means :
(a) If the condominium has not yet been created, any person who offers to dispose of or disposes of his interest in a unit not previously disposed of; or
(b) If the condominium has been created, any person who has executed a declaration, or an amendment to a declaration to add additional property to the condominium regime, other than persons holding interests in the property solely as security for a debt or persons whose interest in the property will not be conveyed to unit owners. See Louisiana Revised Statutes 9:1121.103
- declaration: means the instrument by which immovable property is made subject to this Part. See Louisiana Revised Statutes 9:1121.103
- Limited common elements: means those common elements reserved in the condominium declaration for the exclusive use of a certain unit or certain units. See Louisiana Revised Statutes 9:1121.103
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Service of process: The service of writs or summonses to the appropriate party.
- Unit: means a part of the condominium property subject to individual ownership. See Louisiana Revised Statutes 9:1121.103
A. The condominium declaration shall contain or provide for the following matters:
(1) A statement submitting the immovable property to a condominium regime.
(2) The name by which the condominium is to be identified, which name shall include the word “condominium” or be followed by the words “a condominium”.
(3) A legal description of the land.
(4) An identification of each unit by letter, name or number, or combination thereof, so that no unit bears the same designation as any other unit.
(5) A written description delineating the precise boundaries of each unit and any limited common element appurtenant thereto.
(6) The undivided shares, stated as percentages or fractions, in the common elements which are a component part of each of the units.
(7) The proportions or percentages and the manner of sharing common expenses and owning common surplus.
(8) The proportionate voting rights of the unit owners in the association.
(9) The method of amendment of the condominium declaration.
(10) A plat of survey of the land and plans of the proposed or existing improvements complying with Section 1122.110.
(11) All matters required by Section 1122.106 in the event the declarant or an individual unit owner intends to reserve the right to change with respect to a unit or units, its percentage interest in the common elements, percentage of sharing of common surplus and common expense, and proportion of voting power in the association of unit owners.
(12) The reconstruction or repair of all or part of the condominium property after casualty and the disposition of the proceeds of casualty insurance required by Section 1123.112 among owners of destroyed or damaged units or to the owners of any common elements destroyed.
(13) The name of the association and the type of legal entity under which it is organized; if the association is not incorporated, the name and residence address of the person designated as agent to receive service of process upon the association, which agent must be a resident of the state of Louisiana; and
(14) The procedure for collecting from the unit owners their respective shares of the common expenses assessed.
B. The condominium declaration may contain other provisions not inconsistent with this Section such as:
(1) Those relating to the withdrawal of damaged or destroyed units from the condominium regime.
(2) The reallocation of the percentage interest in the common elements of the units so withdrawn to the unit owners remaining within the condominium regime, and the basis of the reallocation, and the release of any unit or units so withdrawn from their respective obligations for payment of their percentage share of the common expenses of the condominium property.
(3) The purpose or purposes for which the condominium property and units are intended.
(4) Procedures whereby a unit owner may convey his unit to the association and thereby release himself from any further obligation for the common expenses of the condominium.
(5) Designation of limited common elements.
(6) Responsibility for the maintenance and repair of units.
(7) Use restrictions, and
(8) Limitations upon conveyance, sale, leasing, ownership, and occupancy of units.
C. Whenever additional immovable property is subjected to the condominium regime, an amendment to the condominium declaration shall be executed in accordance with Subsections A and B of this Section and filed for registry in the conveyance records in the parish in which the condominium is located.
Acts 1979, No. 682, §1.