Must a Louisiana condominium declaration show how each unit owner’s share of common expenses is calculated?

Plain-English summary

Representative Jane Smith asked whether Louisiana condominium declarations had to include a formula for each owner's share of common expenses. The AG said the statute required the declaration to state the proportions or percentages and the way expenses were shared, giving an owner enough information to determine that owner's share and how it was calculated. The declaration could use a formula, a table, or a narrative. The format was less important than the required information.

The AG did not decide whether a particular declaration complied. It said that would require examining the declaration itself.

Currency note

This opinion was issued in 2006. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Was a mathematical formula mandatory in the declaration?

No. The AG said a formula, table, or narrative could describe the required proportions or percentages and the manner of sharing common expenses.

What information did the declaration have to provide to unit owners?

It had to let an owner determine the owner's proportion or percentage of total common expenses and how that share was calculated. The opinion tied that disclosure to equitable allotment.

Did the AG approve a specific condominium declaration?

No. It said compliance could not be determined without examining the individual declaration.

Background and statutory framework

The opinion interpreted La. R.S. 9:1122.105(A)(7), which required a condominium declaration to contain or provide the proportions or percentages and manner of sharing common expenses and owning common surplus. It answered the format question while reserving review of any actual declaration.

Citations

• La. R.S. 9:1122.105(A)(7) (required declaration terms).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0049

Original opinion text

April 19, 2006
OPINION NO. 06-0049
12-B CONVEYANCE OF REAL PROPERTY
Honorable Jane H. Smith
La.-R.S. 9:1122.105(A)(7) requires that a
State Representative - District 8
condominium declaration provide sufficient
2207 California Plaza, Suite 7-A
information for an individual unit owner to
determine what his or her percentage or
Bossier City, LA 71111
proportion of the common expenses is, and how
it has been calculated, to assure that the allotment of expense is equitable.
Dear Representative Smith:

This is in response to your request for an interpretation of R.S. 9:1122.105(A)(7) as to whether that statute requires that a condominium declaration must provide a formula showing how the condominium association determines the percentages of the common expenses for the individual owners.

The provisions of La.-R.S. 9:1122.105(A)(7) state that: “A. The condominium declaration shall contain or provide for the following matters: . . . (7) The proportions or percentages and the manner of sharing common expenses and owning common surplus.”

This provision is a mandatory part of any condominium declaration, and is intended to determine and to declare to the unit owners, the proportion or percentage of the total common expenses which must be paid by each unit owner or by each class of unit owner. Whether the proportion or percentage is described by a formula, by a table, or by a narrative passage, is immaterial, so long as the proportion or percentage is stated. The declaration must provide sufficient information for an individual unit owner to determine what his or her percentage or proportion of the common expenses is, and how it has been calculated, to assure that the allotment of expenses is equitable.

Of course, it is impossible to determine if an individual condominium declaration complies with said statute without examining the declaration itself.

If we may be of further service, please do not hesitate to contact this office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By:______
Terry F. Hessick
Assistant Attorney General
CCF,Jr./TFH/tp

Page 2

OPINION NO. 06-0049

12-B CONVEYANCE OF REAL PROPERTY

La. R.S. 9:1122.105(A)(7)

La. R.S. 9:1122.105(A)(7) requires that a condominium declaration provide sufficient information for an individual unit owner to determine what his or her percentage or proportion of the common expenses is, and how it has been calculated, to assure that the allotment of expense is equitable.

DATE REQUESTED:

DATE RELEASED: April 19, 2006

REQUESTED BY: Honorable Jane H. Smith
State Representative – District 8
2207 California Plaza, Suite 7-A
Bossier City, LA 71111

AUTHOR: Terry F. Hessick
Assistant Attorney General
Civil Division