Our initial scan found 3 potential issues in your governing documents.
We checked the 2 public PDFs on English Turn POA’s website against current Louisiana and federal HOA law—and more issues may exist depending on the documents you load.
✓CC&Rs / Declaration✓Rules & Enforcement Policies+ Add up to 10 PDFs in Full Analysis
Declaration of Covenants, Conditions & Restrictions · Declaration of Covenants, Conditions and Restrictions, Article V, Section 5.09 · Page 1
Statutory Requirements for Sworn Detailed Statement, Certified Mail Service, and Five-Year Peremption of HOA Privilege
Operative Clause · Declaration of Covenants, Conditions and Restrictions, Article V, Section 5.09 (Page 1)
“Continuing Lien for Assessments and Fines Without Annual Reinscription or Sworn Statement — All annual, special, and individual assessments (including fines levied by the Covenants Committee), together…”
Why It’s Flagged
La. R.S. 9:1145 to 9:1148 (Louisiana Homeowners Association Privilege / Lien Statute) & La. R.S. 9:2941
Under La. R.S. 9:1145 and 9:1146, a Louisiana HOA does NOT enjoy an automatic, self-executing 'continuing lien' until paid.
To preserve a privilege on a lot, the association must file a sworn detailed statement of its claim in the mortgage records of Orleans Parish and concurrently serve it on the delinquent owner by certified mail, return receipt requested.
Furthermore, under La. R.S. 9:1147, the recorded privilege is perempted (extinguished) 5 years after recordation unless a suit to enforce it and a notice of lis pendens are timely filed, and the statutory privilege under La. R.S. 9:1145 covers only 'dues, charges, or assessments' authorized by recorded building restrictions—not unrecorded committee fines.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Declaration of Covenants, Conditions and Restrictions, Article V, Section 5.09 to conform with La. R.S. 9:1145 to 9:1148 (Louisiana Homeowners Association Privilege / Lien Statute) & La. R.S. 9:2941 prior to board adoption..
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
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