Youngsville, LA asked in Contracts and Real Estate Law for Louisiana

Q: In the "Louisiana HOA Laws", it states that "The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded

deed restrictions. The Bylaws are the rules and regulations for management and administration. The Resolutions are additional rules and regulations that the association may adopt." There is no mention of the Bylaws and Rules having to be publicly recorded. Farther down under "Are HOA Bylaws Public Record?", it states, " Unlike CC&R's, HOA bylaws do not need to be recorded at the county recorder's office. However, an HOA may choose to include them in public records should they want to."

Is our Association guilty if only our CCR's were recorded (and the new owner is in violation of the By-Laws and Rules and Regulations) or was it his responsibility as a potential owner to get any additional documents from the Secretary of our Association, a name and contact information that must be provided by the realtor as mentioned in the "2022 Residential Property Disclosure Document, LA Realtors, Nov 23, 2022". Thank you very much.

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1 Lawyer Answer
Randy Bryan Ligh
Randy Bryan Ligh
  • Baton Rouge, LA
  • Licensed in Louisiana

A: Someone else may give you a more direct answer to your question, however, I think more information is needed and I would also suggest that depending on the your specific situation, then perhaps some discretion (no matter the answer) might be in order. That is, while ignorance is not usually a valid excuse, if the HOA does not affirmatively provide a copy of the by-law and rules/regulations to new owners (or provide information to access this), then perhaps this can be a teachable moment to both HOA and new owner. On the other hand, if you are really asking this in regards to "potential" owners, then I would think it is the responsibility of the "potential" owners in doing their due diligence whether or not to purchased a property in a particular subdivision. The HOA has no real responsibility to a "potential" owner unless the HOA is contacted by someone and asked for this information.

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