How to Legally Form a Condo Association in Louisiana

 photo: Brandon Griggs

How to Legally Form a Condo Association in Louisiana 

Forming a condominium association in Louisiana involves multiple legal steps that must be carefully coordinated to ensure the development is compliant with the Louisiana Condominium Act. This process is especially important for developers planning to sell units individually, as clear legal structure is necessary for both buyer confidence and lender approval. 

Step 1: Draft and Record the Condominium Declaration 

The declaration is the foundational legal document that defines: 

• The boundaries of each unit 

• The ownership and maintenance responsibilities for common elements 

• Allocation of percentage interests among unit owners 

• Use restrictions and easements 

• Insurance obligations 

• A condominium plat (see below) 

This document must be signed, notarized, and recorded in the parish where the property is located. 

Helpful Information 

A condominium plat is a survey-based drawing that visually identifies unit boundaries, common areas, and any limited common elements. This document must be prepared by a licensed surveyor and recorded along with the declaration to establish the legal structure of the condominium regime. 

Step 2: Draft the Association Bylaws 

Bylaws govern the internal operations of the association. They should address: 

• Election and responsibilities of board members 

• Meeting procedures 

• Budgeting and assessments 

• Rules for enforcing restrictions and resolving disputes 

These internal rules will guide the day-to-day operation of the community. 

At Title Stream, our legal team works closely with developers and property owners to coordinate the formation of compliant condo associations and prepare all required filings. From survey coordination to declaration drafting, we ensure the process is handled with precision. 

Step 3: Form and Incorporate the Condo Association 

Following the individualized sale of your condominiums, you and the new owners will constitute the membership of the incorporated Condo Association. The Condo Association is legal entity, typically as a nonprofit corporation with the Louisiana Secretary of State. This entity will act as the governing body responsible for managing the development’s common elements, collecting dues, and enforcing community rules. 

The articles of incorporation should state the association’s purpose and outline its authority as provided under Louisiana law.