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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I am in Louisiana. Page 19/121 of my Condominium Property

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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
AND
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?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 month ago.

Welcome and thank you for your question. I will be the professional that will be assisting you. The price is too little to include document review.

Customer: replied 1 month ago.
I don't need document review. Just an answer to the specific question.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?
Expert:  Attyadvisor replied 1 month ago.

How would I be able to answer this without seeing what your governing documents state and the statutes?

Customer: replied 1 month ago.
I provided the attachments of the information you requested. You should be able to answer my question from what I provided.

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