HOA Legislative Task Force - 2022
Dear Federation Members,
We notified you of proposed legislation in the 2022 Legislative Session that would significantly affect the operations of homeowner associations. These bills include HB 9, HB 57 and SB 109 (a 60 page overhaul of the LA Homeowners Association Act). We need your immediate help!
What we are doing?:
• SB 109 is the most far-reaching of the bills. The Federation retained Daigle, Fisse & Kessenich (DF&K) as legal counsel to compare the existing La Homeowner Association law with the proposed legislation. (DF&K helped us with the 5G cell tower policy development and they are widely recognized for their support of homeowner associations.) We are working diligently to determine the implications this legislation will have on your association.
• Over the last two weeks, Ed Lagucki (Palm Hills), Adrienne Bowser (Riverbend), Jennifer Dietz (Magnolia Woods), Sherry Guarisco (Central Highlands) and Gary Patureau (Tara) have had multiple meetings, including discussions with Jim Bradford, DF&K legal counsel, Mallory Wallen, LA Law Institute and Randy Roussel, Reporter (chair) for the LA Law Institute subcommittee that developed SB 109.
What we’ve learned?:
• If you have a mandatory HOA (mandatory dues and/or common property), you will absolutely be affected by this bill.
• If you have a voluntary HOA, (voluntary dues with no common property), your HOA could possibly be affected. At some point, voluntary associations may consider changing to mandatory and if so, you would fall under SB109. We are still reviewing the impact of the bill on voluntary HOAs.
• As we stand now, we don’t have enough information to recommend a position on the bill. Next week, DF&K will give us a thorough review and we will update you.
• None of the bills are scheduled for the initial committee hearing next week. (Whew!)
• Best case scenario, amendments or clarifying language to SB 109 will be needed. HB9 and HB 57 are somewhat covered in SB109 and we are unsure whether these bills will be heard but we must work as if they will be heard.
What we’re asking from you?:
• The Federation has committed $3,000 to cover the initial costs of the legal counsel.
• Because mandatory associations will be directly affected by SB109, we are asking all mandatory associations to contribute at least $250 to support this effort.
• All voluntary associations are asked to contribute at least $100 to the effort. HB 9/57 will affect you and SB109 could possibly affect you.
• If everyone contributed, this would raise $15,000.
• Your contribution should be made directly to Daigle, Fisse & Kessenich, w/ memo notation: HOA Legislative Task Force. Checks should be mailed to:
Daigle, Fisse & Kessenich,
8480 Bluebonnet Blvd., Suite F,
Baton Rouge, LA 70810.
Please also send an email to [email protected] confirming your donation
Y’all, this is serious. The Louisiana Homeowners Association Act was passed in 1999 and it has not been amended in 23 years. These bills threaten homeowner associations. We believe HB 9 and HB 57 will create chaos, increase litigation, and pit neighbors against neighbors. This is not what we want. SB109 is a massive overhaul of current law and will set the requirements for homeowners in Louisiana for years to come. We must be involved in this and to do so, we need the legal expertise to guide us.
Links to the proposed legislation, the current law and other information can be found on the Federation’s website under the Advocacy/State Legislature tab – www.fgbrca.org. For more information, please contact Federation Board members: Ed Lagucki (225-421-9686), Adrienne Bowser (225-252-0344) or Sherry Guarisco (225-963-7383). We may also be contacted at [email protected]