I am in Louisiana.Page 19/121 of my Condominium
Property Regime addresses "Lien For Delinquent Expense Assessments." (See Below):To re-emphasize the above, My Condominium Property Regime statutorily requires that for a "Claim Of Privilege" to be preserved,the privilege shall be evidenced by a Claim Of Privilege signed and verified by an officer or agent of the Association
shall be filed for registry in the mortgage
records of Orleans Parish not more than ninety (90) (emphasis added) days after the date on which the assessment becomes delinquent.The Claim of Privilege shall include1. a description of the Condominium Parcel,
2. the name of the record owner,
3. the amount of delinquent assessment,
4. and the date on which said assessment became delinquent. (emphasis added)The Association shall, at least seven (7) days prior to the filing for registry of the privilege, serve upon the delinquent Unit Owner (and on the first mortgagee of the unit if he has so request such notification) a sworn detailed statement of its claim for the delinquent assessment, which service shall be effected by personal service, or by registered or certified mail.A Claim of Privilege recorded as set forth herein shall preserve the lien against the Condominium Parcel for the period provided by law, and enforcement of the privilege shall be in he manner by the Louisiana Condominium Act (Page 19/121 of condo docs) Related to LA 9:1125.1AIf a "Claim Of Privilege" is improperly filed, then the condo owner can demand that the person who has filed a statement of claim or privilege to give a written authorization directing the recorder of mortgages to cancel the statement of claim or privilege from his records.QUESTION?If the SOL has run out,ANDThe claim itself is extinguishedANDThe claim shall perempt if not filed within a yearThe Association is barred from filing a suit for the Statute of Limitation has passed.Art. 3458. Peremption; effect
Peremption is a period of time fixed by law for the existence of a right. Unless timely exercised, the right is extinguished upon the expiration of the peremptive period.
Acts 1982, No. 187, §1, eff. Jan. 1, 1983.Can the Association refile the claim?