Can My Homeowners Association Really Do That? Understanding Louisiana HOA Voting Without the Legal Jargon.
- Hampton Law Firm ⚖️
- May 31
- 9 min read
Coffee Shop Series | Hampton Law Firm
Let’s talk about HOAs like we are sitting at the coffee shop.
You slide the papers across the table and say, “Judith, can they really do this?” Maybe your HOA is trying to change the neighborhood rules. Maybe the board passed something and nobody remembers voting on it. Maybe you received a letter about a fence, a shed, a camper, a pool, a mailbox, dues, fines, or a special assessment. Maybe there was a meeting, but only a handful of people showed up. Maybe somebody said, “Well, the board voted, so that’s it.”
And now you are wondering whether that is actually true.
The honest answer is: maybe. But we need to look at the documents first.
HOA rules are not just neighborhood suggestions. In Louisiana, HOA documents can matter a lot. If you buy property in a planned community, you may be buying into recorded restrictions, bylaws, assessment obligations, and association rules. Those documents can affect what you can build, what you can park, what you can change, what you owe, and how the neighborhood is governed.
But that does not mean the HOA gets to do whatever it wants. The association still has to follow its own documents and Louisiana law. That is where voting requirements come in.
In plain English, an HOA may have authority, but that authority has limits. The question is usually not just, “Did the HOA do something?” The better question is, did the HOA have the legal authority to do it, and did it follow the right process?
The first question is always: What do the documents say? Before I could tell you whether the HOA acted properly, I would want to see the declaration, subdivision restrictions or covenants, bylaws, amendments, articles of incorporation, meeting notice, agenda, proxy or ballot forms, minutes, vote count, and any rule or policy the board says applies.
Because with HOA disputes, the answer is usually not found in the Facebook comments. It is in the paperwork.
That may not be the answer people want to hear when they are frustrated, but it is usually the answer that matters. HOA disputes often feel personal because they involve your home, your neighborhood, your money, and sometimes your peace of mind. But once the issue becomes legal, the documents usually control the conversation.
Not every HOA decision requires the same vote. This is where homeowners and boards often get tripped up. Some HOA decisions can be made by the board. Some decisions require a vote of the homeowners. Some decisions require a simple majority. Some decisions require a bigger vote. Some decisions require a very high vote. Some changes may not be effective until they are signed and recorded in the parish conveyance records.
So when someone says, “They voted on it,” my next question is: What kind of vote was required?
That matters because not all votes are created equal. A board vote may be enough for some routine association business, but it may not be enough to change recorded restrictions, impose more burdensome obligations, alter voting interests, or amend governing documents.
For many basic association decisions, if there is a proper meeting and a quorum is present, a majority vote may be enough. In plain English, that usually means more than half of the voting interest that is properly counted for that vote.
But be careful. It does not always mean more than half of every homeowner in the subdivision. It may mean more than half of the voting interest present at a properly called meeting. And even then, that only works if the meeting was properly noticed, there was a quorum, and no greater vote was required by the law or governing documents.
This is why you cannot stop the analysis at, “Most people there agreed.” You have to know who was allowed to vote, how voting interest is counted, whether enough participation existed, and what approval threshold applied.
A quorum is the minimum participation needed before the association can properly conduct certain business. Think of it like this: the law does not want two people sitting in folding chairs at the clubhouse making decisions for the whole neighborhood unless the documents and the law actually allow that.
Under Louisiana’s planned community law, unless the bylaws say otherwise, a quorum is generally present if lot owners holding 20% of the voting interest are represented at the beginning of the meeting, whether in person, by proxy, by absentee ballot, or by some combination of those methods.
That means you cannot just ask, “How many people voted yes?” You also have to ask, did enough voting interest show up or submit ballots for the meeting to count?
A supermajority is a much higher vote. Under Louisiana’s planned community law, a supermajority means more than 80% of the voting interest in the association. That is not just more than 80% of the people in the room. It is more than 80% of the association’s voting interest.
So if someone tells you that a major restriction change passed because “most people at the meeting liked it,” that may not be enough. For certain serious changes, especially changes to the declaration, voting interest, use restrictions, or more burdensome restrictions, the law or the governing documents may require more.
That is a big deal. A small group at a meeting may be able to handle some association business, but major changes to property rights often require a much higher level of approval.
The board cannot do everything by itself. This is one of the biggest misunderstandings I see. The board may have authority to handle regular business, adopt reasonable rules, manage common areas, work with vendors, collect assessments, and enforce community documents.
But the board generally cannot just rewrite the declaration or bylaws by itself. The board also cannot impose a rule that conflicts with the declaration.
So if the board says, “We made a new rule,” we need to ask whether it is really a rule or whether it is actually an amendment to the declaration. That difference matters. A rule usually fills in details.
An amendment changes the governing documents. A board can usually do more with rules than it can with restrictions, but the rule still has to be reasonable and consistent with the declaration.
Changing neighborhood restrictions is where the vote requirement can get serious. If the HOA is trying to change what owners can do with their lots, restrict use, change rental rights, change who may occupy property, increase burdens, change voting interest, or change common expense obligations, everyone needs to slow down and read the exact requirement.
Those are not casual board decisions. Depending on the documents and the type of change, the association may need a specific homeowner vote, a supermajority, a two-thirds vote for certain design or construction standards, consent from directly affected owners, recordation, or some combination of those requirements.
In plain English: changing the neighborhood rules is not the same thing as deciding what time the meeting starts.
Homeowners often ask whether they can vote by proxy. Usually, yes, if you are a lot owner voting in an association vote. A proxy means you authorize someone else to vote or act for you at the meeting.
But the proxy has to be done properly. It should be written or electronically authorized in a way the association can verify. It is generally valid only for that meeting and any recessed session of that meeting. Also, a homeowner proxy is different from a board member trying to vote by proxy. Board directors cannot vote by proxy at board meetings.
That difference matters. Homeowners may be able to use proxies for association votes, but board members generally need to participate and vote as board members themselves.
Homeowners also often ask whether they can vote without attending the meeting. Often, yes. Louisiana law allows absentee ballots for association meetings. If a lot owner requests an absentee ballot at least three days before the meeting, the association must promptly provide one.
Associations may also be able to conduct votes without a meeting by paper or electronic ballot, unless the community documents prohibit or limit that. But the ballot still has to say what is being voted on, how many responses are needed for quorum, what voting interest is needed to approve the action, and when the ballot is due.
So yes, paper and electronic voting can be used. But it still has to be done correctly.
Notice matters. For annual and special association meetings, Louisiana law generally requires notice no more than 60 days and no fewer than 30 days before the meeting. The notice should state the time, date, place, and agenda.
If the meeting involves an amendment, budget change, or proposal to remove a director or officer, that needs to be disclosed in the notice. For a special meeting, the association should not wander off into topics that were not described in the notice.
That is common sense and good governance. People should know what they are being asked to show up and vote on. If owners are told the meeting is about one thing, they should not arrive and suddenly be asked to vote on something completely different that affects their property rights or money.
Sometimes homeowners can force a special meeting. Under Louisiana’s planned community law, a special meeting must be called if demanded by the president, a majority of the board, or lot owners holding at least 20% of the voting interest, unless the bylaws allow a lower percentage.
That can matter when homeowners believe the board is ignoring a serious issue. But again, it has to be done properly. The demand should be clear, in writing, and should identify the matter to be addressed.
If homeowners are trying to organize around an issue, this is where careful communication matters. A vague complaint may not be enough. A proper written demand tied to the governing documents and the statute is much stronger.
Homeowners may also be able to remove a board member in the right circumstances. If proper notice is given, there is a quorum, and the person being considered for removal has a reasonable chance to speak before the vote, homeowners may remove a director or officer elected by the association by majority vote, with or without cause.
That does not usually apply the same way to a director appointed by the developer during the period of developer control. So yes, removal can happen. But it is not something to handle through gossip, side conversations, or vague meeting talk.
It needs to be noticed and voted on correctly. If the removal process is not handled properly, the neighborhood may end up with more conflict, more confusion, and possibly a legal challenge.
If you think the HOA vote was wrong, do not start with a public fight if you can start with documents. I would suggest gathering the meeting notice, agenda, minutes, vote count, proxy information, ballot information, declaration, bylaws, rule or amendment that passed, any recorded amendment, and any letter the HOA sent you.
Then ask practical questions. Did the board have authority? Was notice given correctly? Was there a quorum? Was the right voting threshold used? Was this a board rule or a declaration amendment? Was it recorded if it needed to be recorded? Did the HOA follow the process in its own documents? Did the action treat owners consistently?
That is how you move from “I’m mad” to “I may have a legal issue.”
If you serve on a board, my best advice is simple: slow down before the vote, not after the lawsuit threat.
Before voting, ask what document gives the board authority, whether the matter is a board decision or a homeowner decision, whether the association needs a majority, two-thirds, supermajority, or some other approval, whether notice needs to be sent, whether the agenda describes the action clearly, whether there is a quorum, whether proxies and absentee ballots are being handled correctly, whether the action needs to be recorded, and whether the board is being reasonable and consistent.
A clean process protects the association, the board, and the homeowners. It also helps prevent the meeting from turning into a neighborhood argument that nobody knows how to end.
The bottom line is that HOA voting is not just about who showed up angry. It is about documents, notice, quorum, authority, and the correct vote threshold.
Sometimes the HOA can act. Sometimes the board went too far. Sometimes the homeowners did vote properly. Sometimes the vote did not meet the legal requirement. And sometimes everybody is arguing before anyone has actually read the documents.
So if your question is, “Can my HOA really do that?” the answer starts here: Let’s look at the declaration. Let’s look at the bylaws. Let’s look at the notice. Let’s count the vote.
Then we can talk about whether the HOA acted within its authority or whether somebody skipped a step that mattered.
Need access to ongoing legal support and attorney guidance? Subscribe Here.
Not sure where to get started? Submit our secure intake form here.
Need more custom legal advice? Book your private consultation here via phone, zoom or in office options.
Judith L. Hampton
Attorney At Law
Hampton Law Firm
Disclaimer: This article is not legal advice. It is provided for general information and educational purposes only. Reading this article does not create an attorney-client relationship. Legal rights and obligations depend on the specific facts, documents, deadlines, governing documents, and applicable law in each case. If you need advice about your situation, you should consult with a licensed attorney.
Comments