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Louisiana Legislature considering limits on HOAs and adding loser pays

Posted on 4/19/22 at 10:33 am
Posted by Jimmy2shoes
The South
Member since Mar 2014
11004 posts
Posted on 4/19/22 at 10:33 am
quote:

HB 9 Hollis
Abstract: Prohibits homeowner association community documents from restricting lot owners'
rights to protect their property and persons domiciled on their property

LINK

HB 57
quote:

Proposed law provides that the court may award the prevailing party damages, including reasonable
attorney fees and court costs, as well as sanctions under C.C.P. 863.

LINK
Posted by JetsetNuggs
Member since Jun 2014
13932 posts
Posted on 4/19/22 at 10:34 am to
quote:

Proposed law provides that the court may award the prevailing party damages, including reasonable attorney fees and court costs, as well as sanctions under C.C.P. 863.


I can’t believe it has taken this long to even consider this. No brainer
Posted by Vamos Brandonos
Member since Mar 2022
1021 posts
Posted on 4/19/22 at 10:39 am to
quote:

Prohibits homeowner association community documents from restricting lot owners'
rights to protect their property


Example? Seems like there's zero legal basis for this to begin with.
Posted by TeddyPadillac
Member since Dec 2010
25627 posts
Posted on 4/19/22 at 10:43 am to
hey gov't. mind your own fricking business.
No one is forcing anyone to live in a neighborhood with HOA's. It's the homeowners choice if they want to live somewhere with an HOA, and if they make that choice, they agree to abide by it's rules. If you don't like it, don't live there.
Posted by Roberteaux
mandeville
Member since Sep 2009
5809 posts
Posted on 4/19/22 at 10:46 am to
quote:

No one is forcing anyone to live in a neighborhood with HOA's. It's the homeowners choice if they want to live somewhere with an HOA, and if they make that choice, they agree to abide by it's rules. If you don't like it, don't live there.


This. But many on here will downvote away
Posted by BruslyTiger
Waiting on 420...
Member since Oct 2003
4610 posts
Posted on 4/19/22 at 10:46 am to
quote:

Example? Seems like there's zero legal basis for this to begin with.
Off the top of my head, I have seen HOAs attempt to prevent people from displaying political signs in their yards.
Posted by Dizz
Member since May 2008
14734 posts
Posted on 4/19/22 at 10:58 am to
Is this just to stop HOAs from possibly limiting firearms etc? Have any HOAs in Louisiana tried to do this?
Posted by Weekend Warrior79
Member since Aug 2014
16417 posts
Posted on 4/19/22 at 11:08 am to
I agree with this statement, but I think the second part is necessary and may help curtail so many of the frivolous bullshite that our courts are forced to deal with.

quote:

Proposed law provides that the court may award the prevailing party damages, including reasonable attorney fees and court costs, as well as sanctions under C.C.P. 863.


At the very least it will force the HoAs to stick with violations in the bylaws, instead of allowing them to go on their power trips.
Posted by CarRamrod
Spurbury, VT
Member since Dec 2006
57457 posts
Posted on 4/19/22 at 11:08 am to
quote:

No one is forcing anyone to live in a neighborhood with HOA's. It's the homeowners choice if they want to live somewhere with an HOA, and if they make that choice, they agree to abide by it's rules. If you don't like it, don't live there.
yes but HOAs cant set rules that go against laws. and it seems the first one deals with some HOA rule that prohibits people from protecting their property.... IT weird and seems unnecessary, id like to see what spurred this. might be some court case that got it wrong.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37109 posts
Posted on 4/19/22 at 11:09 am to
quote:

At the very least it will force the HoAs to stick with violations in the bylaws, instead of allowing them to go on their power trips.


HOAs are supposed to prevent trashy people from doing trashy things with the outside of their homes.

The HOA model is not the problem. The problem is a few of the HOA officers are on power trips.
Posted by CarRamrod
Spurbury, VT
Member since Dec 2006
57457 posts
Posted on 4/19/22 at 11:10 am to
quote:

Off the top of my head, I have seen HOAs attempt to prevent people from displaying political signs in their yards.


well that is what HOAs are for.... to keep the gays from painting their house rainbow colored.
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16473 posts
Posted on 4/19/22 at 11:11 am to
quote:

Off the top of my head, I have seen HOAs attempt to prevent people from displaying political signs in their yards.


My old neighborhood had this and I loved it. We didn’t have everyone’s yards littered with signs every election cycle. It was actually one of the “features” I liked about the neighborhood and I was glad to agree to it.

If you don’t like the HOA’s rules, don’t voluntarily agree to them by moving into said restricted community.
Posted by CGSC Lobotomy
Member since Sep 2011
80273 posts
Posted on 4/19/22 at 11:12 am to
quote:

No one is forcing anyone to live in a neighborhood with HOA's


In some cases, municipal ordnances REQUIRE HOAs in areas with more than one house.
Posted by FishinTygah84
LA
Member since Dec 2013
1976 posts
Posted on 4/19/22 at 11:17 am to
quote:

HOAs are supposed to prevent trashy people from doing trashy things with the outside of their homes.

The HOA model is not the problem. The problem is a few of the HOA officers are on power trips.


i was recently "voluntold" to be on our HOA board. The amount of petty things we deal with is shocking.

I came from a neighborhood (my first home after graduating college) with no HOA. it went to the dump within 5 years. Moved in my current neighborhood (very nice with active HOA) and the list of HOA rules i got were more than fair. no boats/rvs in driveways, keep your grass cut, keep overall property in good condition, etc etc. People will leave a boat in their driveway on 2 flat tires for months and after several warnings, get a $50 fine. Then go on FB and complain about the HOA. lol. We had a lady sue us because we sent her a notice about her RV parked in her driveway. Our HOA allows for 48 hours ( to load/unload, clean, etc) but this lady was parking it in her driveway. She sued us knowing we wouldn't have the money to tie up to fight it.

How or why people move into neighborhoods with HOAs and then complain/sue/don't follow the rules is beyond me.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 4/19/22 at 11:17 am to
quote:

can’t believe it has taken this long to even consider this. No brainer


People stop fricking folks if you make it easier for their victims to sue.

Then, who is out of work?

Thats why we have never done it.
Posted by jmarto1
Houma, LA/ Las Vegas, NV
Member since Mar 2008
33971 posts
Posted on 4/19/22 at 11:18 am to
My major problem is liens on home that an HOA can put on you. I know there has to be teeth but it crosses a line imo
Posted by slinger1317
Northshore
Member since Sep 2005
5857 posts
Posted on 4/19/22 at 11:21 am to
This is a personal issue for Hollis. He has a fence that is higher than his HOA allows and he won’t change it. Claims his neighbor harasses him.
He’s living above the law so now he wants to change the laws. Louisiana slimeball politics at its best.
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