FAQ: Louisiana Homeowners Association Rules, Regulations & Voting Requirements: What Homeowners and Boards Need to Know.
- Hampton Law Firm ⚖️
- May 31
- 11 min read
FAQ Series | Hampton Law Firm
I have an attorney friend, he's retired from the Louisiana Supreme Court. He's seen many, many things in his time in the law, but year after year our discussion remains on one area of law alone, Homeowners Associations and Building Restrictions. It is odd, yes. It is boring, maybe. But the law and research on this area is actually more detailed and intricate than you might think.
Homeowners association disputes usually start with a simple question: Can they do that? Can the HOA change the rules? Can the board make that decision without a homeowner vote? Can homeowners remove a board member? Can the neighborhood vote by proxy? How many votes does it actually take to change the restrictions?
In Louisiana, those answers usually begin with three things: the recorded declaration, the bylaws, and the Louisiana Planned Community Act. That may sound technical, but the practical point is simple. An HOA cannot just make up rules as it goes. The association has to follow its own governing documents and the law.
Before applying Louisiana HOA voting rules, the first question is what kind of community is involved. People often use the term “HOA” loosely, but a subdivision homeowners association, condominium association, civic association, and voluntary neighborhood association may not all be governed the same way.
The Louisiana Planned Community Act applies to planned communities whose declarations have been properly executed and filed for registry. It does not apply to condominium property governed by the Louisiana Condominium Act. That distinction matters because the rights, voting procedures, documents, and remedies may be different depending on the type of community.
For a planned community, the main documents usually include the declaration, building restrictions or covenants, bylaws, articles of incorporation, board-adopted rules and regulations, recorded amendments, and association policies or procedures. If there is a voting dispute, the first question is not, “What does everybody think is fair?” The better question is, What do the recorded documents and Louisiana law require?
The declaration is one of the most important HOA documents. In plain English, it is the recorded document that creates the planned community and sets out the basic rights, duties, restrictions, assessments, common areas, and voting interests.
Under Louisiana law, the declaration must identify the lots, common areas, limited common areas, association, maintenance responsibilities, building restrictions, servitudes, and the way common expenses, common surplus, and voting interest are allocated. That last part is important because voting power may not always be “one house, one vote.” The declaration should tell you how voting interests are allocated. In many residential subdivisions, it may be one vote per lot, but homeowners and boards should never assume that without checking the actual recorded declaration.
Bylaws are the internal operating rules for the association. They usually address issues such as the number of board members, how officers are elected, the qualifications and duties of directors and officers, the length of terms, how directors and officers may be removed, how vacancies are filled, who may prepare and record amendments, and how meetings, voting, quorum, and association procedures are handled.
The declaration usually controls the property restrictions. The bylaws usually control the association’s internal governance. That means if the question is, “Can I put up a fence?” the declaration and restrictions usually matter most. If the question is, “How do we elect directors?” the bylaws and voting statutes usually become central.
The board can usually make rules, but the board’s authority has limits. Louisiana law allows an association to adopt and amend rules, but board-adopted rules cannot be inconsistent with the declaration. The board also cannot use a rule to do something that requires a homeowner vote.
Before adopting, amending, or repealing a rule, the board must give lot owners notice of the proposed action, provide the text of the proposed rule or proposed change, and state when the board will act after considering homeowner comments. After the rule is adopted, amended, or repealed, the board must notify the homeowners and provide the text of the final rule if it is different from what was originally proposed.
In everyday language, the board can usually handle day-to-day rules, but it does not have unlimited power to rewrite the neighborhood.
There are certain things the board generally cannot do by itself. Louisiana law specifically provides that the board shall not amend the declaration, amend the bylaws, terminate the planned community, elect directors except to fill certain vacancies, determine the qualifications, powers, duties, or terms of office of directors, or impose rules and regulations that are inconsistent with the declaration.
That is a major point for both homeowners and boards. Some decisions belong to the board. Some decisions belong to the membership. Some decisions require a special voting threshold. Some decisions require recordation before they are effective. A board meeting is not a shortcut around the declaration.
A quorum is the minimum voting interest that must be present before certain association business can be validly conducted. Under the Louisiana Planned Community Act, unless the bylaws provide otherwise, a quorum is present at an association meeting if lot owners holding 20% of the voting interest are present at the beginning of the meeting, whether in person, by proxy, by timely absentee ballot, or by some combination of those methods.
For a board meeting, unless the statute or community documents require more, a board quorum is generally present when individuals entitled to cast a majority of the board votes are present at the time the vote is taken. In an emergency, and with proper notice, the statute provides a lower quorum requirement of at least 10% of the voting interest present in person, by proxy, or by electronic means.
So before arguing about whether a vote “passed,” the first question is whether the meeting had a quorum in the first place.
Louisiana law defines a majority vote as more than 50% of the voting interest present at a duly called meeting of the association. That does not always mean more than 50% of every homeowner in the subdivision. It usually means more than 50% of the voting interest present at a properly called meeting, assuming there is a quorum, unless the law or governing documents require a greater vote.
For regular association action, if a quorum is present and no greater vote is required, Louisiana law generally requires approval by a majority of the voting interest cast. That is the basic rule, but it is not the rule for every situation. Some matters require more than a simple majority.
Louisiana law defines a supermajority vote as more than 80% of the voting interest in the association. That is very different from a majority of the people who show up at a meeting. A supermajority is a much higher threshold, and it usually matters when the association is making major changes, especially changes to the declaration, voting interests, assessment allocations, or certain property restrictions.
Under Louisiana law, a supermajority vote is required for certain important declaration amendments. These may include amendments that create or increase special declarant rights, increase the number of lots when not otherwise reserved or permitted by the community documents, change the allocation of common expense liabilities, common surpluses, or voting interest for a lot, extend certain development-right time limitations, or create additional development rights.
A supermajority vote, or any greater vote required by the community documents, is also required to amend the declaration to prohibit or materially restrict the uses of a lot, restrict the qualifications or number of persons who may occupy a lot, or impose more burdensome restrictions, except for certain construction, design, and aesthetic standards addressed separately by statute.
This is where many HOA disputes begin. People may say, “The board voted on it,” or “A few people at the meeting approved it.” That may not be enough. If the action changes the declaration, changes voting interests, changes assessment allocations, or makes restrictions more burdensome, the required vote threshold must be reviewed carefully.
Louisiana law has a specific rule for more burdensome restrictions governing construction, design criteria, and aesthetic standards. Unless the community documents require a greater percentage, an association may adopt those more burdensome restrictions by a two-thirds vote, subject to statutory limits.
Even then, the law places limits on retroactive burdens. A more burdensome construction, design, aesthetic, setback, or square footage standard generally cannot require a lot owner to affirmatively remove or renovate existing improvements. It generally applies to certain new exterior renovations, repairs, or reconstructions. That means the details matter. Changing the rules for future construction may be one thing. Trying to force an owner to tear down or redo something that already exists may be another.
Louisiana law allows lot owners to vote by proxy. A lot owner may appoint a proxy by signing a written appointment or by making an electronic transmission showing that the lot owner authorized the proxy. The proxy becomes effective when it is received by the proper officer or agent authorized to tabulate votes.
A proxy is valid only for the meeting for which it is cast and any recessed session of that meeting, and it is revocable. However, board members cannot vote by proxy at board or committee meetings. That difference matters. Homeowners may use proxies for association votes, but directors cannot use proxies to vote as directors at board meetings.
Lot owners may also be able to vote by absentee ballot. At an association meeting where a quorum is present, a lot owner may vote by absentee ballot without being physically present. The association must promptly deliver an absentee ballot to a lot owner who requests one at least three days before the scheduled meeting.
Absentee ballots can also count toward quorum if they were properly solicited and timely delivered. For homeowners who cannot attend meetings because of work, health, travel, childcare, military service, distance, or other obligations, absentee voting can be very important.
An association may also be able to vote without a meeting, unless the community documents prohibit or limit that procedure. When an association conducts a vote without a meeting, the association must notify lot owners that the vote will be taken by ballot and must deliver a paper or electronic ballot.
The ballot must state each proposed action and give the owner an opportunity to vote for or against each item. The ballot must also state the number of responses needed to meet quorum, the voting interest necessary to approve each matter other than election of directors, and the deadline for returning the ballot. That deadline must be at least seven days after delivery of the ballot.
A vote without a meeting is valid only if the number of votes cast on an item meets or exceeds the number required to authorize the proposed action. In plain English, a ballot vote still has rules. It is not valid just because the association sent out a form and received some responses.
Notice is also important. For association meetings, Louisiana law generally requires notice of the time, date, and place of each annual or special meeting no more than 60 days and no fewer than 30 days before the meeting date.
The notice must include the agenda and must identify certain important matters, including the general nature and text of any proposed amendment to the community documents, any budget changes, and any proposal to remove a director or officer elected by the association. For special meetings, only matters described in the meeting notice may be considered.
That matters because homeowners should not show up for one topic and suddenly be asked to vote on something completely different.
Homeowners may have the right to call a special meeting. Under Louisiana law, a special meeting must be called to address a matter affecting the planned community or association if demanded by the president, a majority of the board, or lot owners holding at least 20% of the voting interest, unless the bylaws specify a lower percentage.
The secretary must call the meeting within 30 days after receiving the homeowners’ demand. This can be an important practical tool when homeowners believe a serious issue needs to be addressed and the board is not acting.
Homeowners may also be able to remove a director or officer, but the process matters. Louisiana law allows lot owners, at a meeting where a quorum is present and proper notice of removal was given, to remove a director or officer elected by the association by majority vote, with or without cause.
The director or officer being considered for removal must be given a reasonable opportunity to speak before the vote. A director appointed by the declarant generally cannot be removed during the period of declarant control. So yes, removal is possible, but it requires notice, quorum, and a proper vote.
Budgets and special assessments also have their own rules. For planned communities with more than 25 lots, the association must submit a proposed budget at least annually for consideration by lot owners at a duly called meeting.
After adopting a proposed budget, the board must provide a summary to all lot owners and set a meeting for budget ratification. A majority vote, or a greater vote specified in the declaration, is required to ratify the budget. If the proposed budget is not ratified, the last ratified budget continues until a new one is ratified.
Special assessments generally follow the budget-ratification procedure unless the board determines, by a two-thirds vote of directors present and voting, that an emergency special assessment is necessary. That means homeowners need to pay attention to budget meetings, not just board elections.
Louisiana courts have long taken building restrictions seriously because restrictions limit the free use of property. One important Louisiana Supreme Court case, Brier Lake, Inc. v. Jones, addressed whether a majority of lot owners could amend existing building restrictions to make them more restrictive. The court held that, under the law then being applied, a simple majority could not impose more burdensome restrictions on all owners.
The modern Louisiana Planned Community Act now gives more detailed statutory voting rules for planned communities, including supermajority requirements and special rules for more burdensome restrictions. The lesson remains important: voting language matters. Before a neighborhood changes restrictions, adds burdens, removes rights, changes voting interests, or approves major association action, the association should check the declaration, bylaws, and current statute carefully.
For homeowners questioning an HOA vote, the practical questions are straightforward. What document gives the HOA authority to act? Is this a board decision or a membership decision? Was proper notice given? Was the meeting properly called? Was there a quorum? Were proxies, absentee ballots, or electronic ballots allowed and properly handled? What percentage vote was required? Did the vote actually meet that threshold? Was the action something that required a recorded amendment? Did the board try to do something only homeowners can approve? Was the rule reasonable and consistent with the declaration?
Those questions matter because an HOA dispute is rarely solved by looking only at who was the loudest at the meeting. The vote has to be counted under the correct documents and the correct legal standard.
For board members, the practical questions are just as important. Before taking action, the board should ask whether it is acting under the declaration, bylaws, statute, or board rule authority. The board should determine whether homeowner approval is required, whether the action requires a majority vote, two-thirds vote, supermajority vote, or unanimous consent from affected owners, whether proper notice has been given, whether required agenda items have been included, whether there is a quorum, whether proxies and absentee ballots are being handled correctly, whether the board is changing a rule, a bylaw, or the declaration, whether the change must be recorded, whether the rule is being applied reasonably and consistently, and whether proper records of the vote are being kept.
Good board governance is not just about making decisions. It is about making decisions in a way that can be supported by the documents, the minutes, the vote count, and the law.
The bottom line is that Louisiana HOA voting is not just about who is louder at the meeting. It is about authority, notice, quorum, voting interest, and the correct approval threshold.
Some things can be handled by the board. Some things require a homeowner vote. Some things require a simple majority. Some things require two-thirds approval. Some things require a supermajority. Some things may require consent from directly affected owners or recordation before they are effective.
So when someone asks, “Can the HOA do that?” the best first answer is usually: Let’s pull the documents and count the vote the right way.
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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.
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