Mississippi
Mississippi HOA and Condo Resale Package (Resale Certificate): Fees, Deadlines, and How to Order
No Mississippi statute requires a resale package, but title companies and lenders still ask for one before closing. Associations furnish it under their governing documents.
Free for the resale platform. No contract to sign.
Mississippi Resale Package
Example Shores Owners Association
Regular assessment
$265.00 monthly
Reserve balance
$96,000.00
Master insurance
Certificate on file
Right of first refusal
No
Mississippi at a glance
- What Mississippi calls it
- Resale Package
- Fee cap
- No fixed dollar cap
- Delivery deadline
- None set by statute
- Buyer's right to cancel
- No statutory right tied to this document
Also called: resale certificate, HOA resale certificate. If you were told to get a Mississippi resale certificate, or an MS resale certificate as closing agents write it, for a home in an HOA or a condominium, this is that document. It has nothing to do with the sales tax resale certificate a retailer files with the state.
What each Mississippi act sets
Mississippi has 2 sets of rules, and which one applies depends on how the community was created. Havn asks once which act governs a community, then applies that act's limits to every order.
Miss. Code 89-9-21
Condominium Law. Applies to condominiums.
- Required by statute
- No. Furnished under the governing documents.
- Fee
- No fixed dollar cap
- Deadline
- None set
Miss. Code 79-11-751 to 79-11-761
HOA Managing Agent Regulation. Applies to HOAs and planned communities.
- Required by statute
- No. Furnished under the governing documents.
- Fee
- No fixed dollar cap
- Deadline
- None set
Mississippi HOA laws on resale documents, in plain words
Each entry links to the official text. Read the statute itself before relying on a summary.
Miss. Code 89-9 (Condominium Law)
This chapter is Mississippi's condominium enabling statute, applying to any residential, commercial, or industrial property submitted to condominium ownership by a recorded plan of condominium ownership. It defines a condominium unit as an interest in real property, governs recording and amendment of the condominium plan and declaration, ownership and partition of common areas, and the management body's authority to charge and place liens on units for unpaid common expenses. It does not create a resale certificate, disclosure statement, or a separate payoff or estoppel statement of assessments due, and it sets no related fee cap or delivery deadline.
Miss. Code 79-11-751 to 79-11-761 (HOA Managing Agent Regulation)
Sections enacted in 2021 and 2022 for every homeowners association: a managing agent holds association funds in a federally insured trust account or, at the board's written request, an account under the association's control; the board reviews the bank statements for its operating and reserve accounts at every regular meeting and may meet remotely; transfers over $10,000 need board approval; and the association carries a fidelity bond or comparable coverage, including computer and funds-transfer fraud and the managing agent's dishonest acts, at least equal to its reserves plus the year's assessments. Mississippi has no planned-community act and these sections impose no resale certificate, disclosure, or statement of unpaid assessments duty; a homeowners association issues resale documents under its governing documents.
Miss. Code 89-9-21 (Assessment liens; notice of assessment)
A reasonable assessment made under the recorded declaration of restrictions is a debt of the unit's owner when made, and becomes a lien on the unit only when the management body records with the chancery clerk a signed and verified notice of assessment stating the amount and other authorized charges, the unit, and the record owner. The lien is prior to liens recorded after the notice unless the declaration subordinates it, expires one year after recording unless extended once by a recorded extension or enforced, may be foreclosed by sale, and is released by a recorded notice of satisfaction on payment. The Condominium Law contains no resale certificate, disclosure, or statement of unpaid assessments provision.
The notice Havn prints on every Mississippi resale package
Every Mississippi document Havn prepares carries a notice that tells the reader where the document comes from and what Mississippi law says about it. This is the wording, act by act.
Miss. Code 89-9-21Condominiums
No Mississippi statute requires this resale package. The Mississippi Condominium Law, Miss. Code sections 89-9-1 through 89-9-37, contains no resale certificate, disclosure, or statement of unpaid assessments provision, so this package is furnished under the condominium's recorded declaration of restrictions, bylaws, and rules and not on any statutory form. The amounts stated are the management body's statement of the account for this unit as of the issue date. Under Miss. Code section 89-9-21, a reasonable assessment made in accordance with the recorded declaration of restrictions is a debt of the unit owner at the time the assessment is made, and it becomes a lien on the unit only when the management body records a signed and verified notice of assessment with the chancery clerk of the county in which the unit is located. A recorded lien is prior to liens recorded after it unless the declaration provides for subordination, expires one year after the notice of assessment is recorded unless it is enforced or extended once by a recorded extension for not more than one additional year, and is released by a recorded notice of satisfaction when the amount is paid. Because Mississippi law gives the purchaser no statutory right to rely on this package, the package does not by itself release the unit or its owner from amounts later determined to be owed, and it gives the purchaser no statutory right to cancel the purchase. The purchaser should confirm the chancery clerk's land records for recorded notices of assessment and should look to the purchase contract for any review or cancellation period. The information in this package is current as of its issue date.
Miss. Code 79-11-751 to 79-11-761HOAs and planned communities
No Mississippi statute requires this resale package. Mississippi has no planned community act, and Miss. Code sections 79-11-751 through 79-11-761, which govern a homeowners association's managing agent, its handling of association funds, its fidelity coverage, and the board's review of its operating and reserve account statements, impose no resale certificate, disclosure, or statement of unpaid assessments duty. This package is furnished under the community's recorded covenants, bylaws, and rules and not on any statutory form. The amounts stated are the association's statement of the account for this lot as of the issue date. Any lien the association may claim for unpaid assessments arises under the recorded covenants and general Mississippi law rather than under these sections, so the purchaser should confirm the county land records for anything recorded against the lot. Because Mississippi law gives the purchaser no statutory right to rely on this package, the package does not by itself release the lot or its owner from amounts later determined to be owed, and it gives the purchaser no statutory right to cancel the purchase. Any review or cancellation period is set by the purchase contract. The information in this package is current as of its issue date.
Mississippi resale package: common questions
What is a Mississippi resale package?
It is the package a Mississippi association puts together when a home in the community is sold: what the home owes, plus the association's budget, insurance, and governing documents. No Mississippi statute prescribes it, so its contents follow the governing documents and what the closing asks for.
How much does a Mississippi resale package cost?
Mississippi sets no dollar cap and no statute governs the fee, so the governing documents and the management contract decide it.
How long does a Mississippi association have to provide a resale package?
Mississippi sets no statutory deadline. The closing date sets the pace, and a late document delays the closing.
Is a resale package required in Mississippi?
No Mississippi statute requires a resale package. Buyers, lenders, and title companies still ask for one, and associations furnish it under their governing documents.
Can a buyer cancel after receiving a Mississippi resale package?
Mississippi law ties no cancellation right to this document. Any right to cancel comes from the purchase contract or from other disclosure laws.
Who pays for the resale package in Mississippi?
Whoever orders it pays the association's fee, usually the seller or the closing agent on the seller's behalf, and the purchase contract can move the cost to the buyer.
What is included in a Mississippi resale package?
What the home owes the association, the fees due at closing, the budget and reserves, the insurance the association carries, pending lawsuits, and the governing documents.
How do I get a resale package in Mississippi?
Ask the association, or its management company if it has one. Many take the request through an online order page and deliver by email. A buyer should ask the seller or the closing agent to order it.
Is this the same as a Mississippi sales tax resale certificate?
No. A sales tax resale certificate is a form a retailer gives a supplier so it can buy goods without paying sales tax. It shares a name and nothing else. This page is about the HOA document used when a home is sold.
How Mississippi compares with its neighbors
Management companies that work across state lines meet a different rule on each side. Mississippi: no fixed dollar cap, none set by statute.
Louisiana
Resale Certificate
No fixed dollar cap
10 days
Required by statute
Alabama
Resale Certificate
No fixed dollar cap
10 days
Required by statute
Tennessee
Resale Disclosure
No fixed dollar cap
10 business days
Required by statute
See all 51 jurisdictions on the map, compare every state in the fee and deadline table, or read about lender questionnaires, estoppel letters, and demand letters.
Your next Mississippi resale package could write itself.
The resale platform is free for the association. The requester pays for the document. No contract to sign.