Mississippi HOA laws

Mississippi HOA and Condo Laws, in Plain English

Mississippi has 2 statutes that govern community associations: Condominium Law and HOA Managing Agent Regulation. Here is what each covers, who it applies to, and the rules that come with a sale, with a link to the official text of every one.

A summary for boards and owners, not a substitute for the statute or your attorney. Every act links to its official text, and the association that acts on a rule is responsible for reading it.

The actsWhen a home sellsQuestions

HOA laws

Mississippi

MS
Condominium Law HOA Managing Agent Regulation
Resale documentResale Package
Fee capNo fixed dollar cap
DeadlineNone set by statute
Buyer may cancelNo statutory right tied to this document

The Acts, and Who Each One Covers

Community type decides which act applies, and a community created before an act took effect may still be under the older one. The declaration says which.

Miss. Code 89-9 (Condominium Law)

Condominiums

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 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.

    Official text
Read Miss. Code 89-9 on the state's site

Miss. Code 79-11-751 to 79-11-761 (HOA Managing Agent Regulation)

CondominiumsHOAs and planned communities

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.

Read Miss. Code 79-11-751 to 79-11-761 on the state's site

When a Home Sells in Mississippi

No Mississippi statute requires resale package, but lenders and title companies ask for one. Associations furnish it under their governing documents.

What Mississippi calls the resale document
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

The full Mississippi resale rules, who pays, and how to order are on the Mississippi resale package page. Every state's cap and deadline sit side by side in the fee and deadline table.

Mississippi HOA Law Questions

Which law governs condominiums in Mississippi?

Miss. Code 89-9 (Condominium Law) and Miss. Code 79-11-751 to 79-11-761 (HOA Managing Agent Regulation). 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.

Which law governs HOAs in Mississippi?

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.

Does Mississippi cap the fee for a resale certificate?

No. Mississippi sets no dollar cap on resale package, so the association or its management company sets the fee under the governing documents.

How long does a Mississippi association have to deliver resale package?

Mississippi sets no statutory deadline. The closing date sets the pace.

Where can I read the Mississippi statutes?

Each act on this page links to its official text on the state legislature's site. Havn summarizes the law and links to the source rather than restating it.

Nearby States

Louisiana HOA laws

Resale fee: no fixed dollar cap · 10 days

Alabama HOA laws

Resale fee: no fixed dollar cap · 10 days

Tennessee HOA laws

Resale fee: no fixed dollar cap · 10 business days

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Proxy Form TemplateA free HOA proxy form template: the owner, the home, the proxy holder, the meeting, directed instructions on each item, the expiration, and the signature.

Terms to Know

  • Resale certificateThe disclosure package an HOA or condo association furnishes when a home in the community is sold: what is owed, what is coming, and the documents that govern the home.
  • HOA lienThe association's legal claim on a home for unpaid assessments, created by the declaration and, in most states, by statute.
  • Super lienIn roughly twenty states, a slice of the association's assessment lien that takes priority over the first mortgage, usually a set number of months of assessments.
  • QuorumThe minimum number of owners, or share of the votes, that must be present or represented for a meeting to act.
  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.

In Havn

  • Self-Managed HOAsEverything a volunteer board needs, for a dollar a home a month.
  • AccountingFund accounting, budgets, bank feeds, payables, and owner statements.
  • CommunicationsMeeting notices, violation letters, and dues notices by email, text, and mail, with delivery logged.

Run a Mississippi community with the rules built in.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.

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