Committee advances bill to limit homestead exemption for delinquent condominium dues

House Bill 343, introduced in committee by Representative Davis, would clarify how Louisiana's homestead exemption in Title 20 applies to judgments for unpaid condominium assessments.

The bill drew testimony from Steve Bradshaw, a condominium owner and representative of the Village Chamont Condominium Association, who told the committee that some unit owners are delinquent on association dues by large amounts. “It’s unfair that Louisiana law protects those delinquent condominium unit owners that refuse to share in the annual operating assessments,” Bradshaw said. He described a case in which a single unit owed about $40,000 in unpaid assessments and argued the proposed language would allow associations to recoup money owed.

The bill would require a written waiver to waive homestead protection under a subsection of Title 20, according to Bradshaw’s presentation. He told the committee that current practice leaves unit owners who occupy a unit shielded up to $35,000 of equity under the homestead exemption, which can leave condominium associations subsidizing delinquent owners. “Title 20 unfairly enriches a condominium unit owner who refuses to pay their share of condominium annual operating assessments,” Bradshaw said.

Committee members asked clarifying questions about how courts determine value when executing a judgment and whether appraisals are required; Bradshaw said he had not pursued a judicial enforcement action and that practice varied by judge. No members of the committee objected when the vice chair moved to report House Bill 343 favorably; the bill was reported favorably.

The article summarizes the committee hearing and testimony; it does not assert outcomes beyond the committee report. Any questions about enforcement procedures or how courts determine equity would be decided in later proceedings if the measure advances.