Mississippi HOA Laws 2026: Condominium Management & Planned Community Rules (Miss. Code § 89-15-1)

Mississippi is a low-regulation state for HOAs. The Mississippi Condominium Act (Miss. Code §§ 89-15-1 through 89-15-129) provides basic governance rules for condominiums, while most planned community HOAs operate entirely under their recorded CC&Rs and Mississippi nonprofit corporation law.

Mississippi Condominium Act: Basic Framework

The Act establishes legal requirements for creating a condominium regime: the master deed, unit owners' association, common element management, assessment authority, and lien rights for unpaid assessments. However it is less detailed than modern statutes, leaving many governance questions to the individual declaration and bylaws.

Assessment Liens in Mississippi

Mississippi condominiums have a statutory lien for unpaid assessments under Miss. Code § 89-15-97. The lien must be perfected by recording in the county deed records. Mississippi requires judicial foreclosure for condominium liens. For planned community HOAs, lien rights depend entirely on the CC&R language.

Planned Community HOAs: CC&Rs as Primary Law

Mississippi planned community HOAs have no specific enabling statute. These associations enforce their recorded CC&Rs as deed restrictions running with the land. Courts treat CC&R violations as breach of contract or restrictive covenant enforcement. The strength of your remedies depends heavily on how well the CC&Rs were drafted.

Best Practices for Mississippi Boards

• Review your CC&Rs carefully — they are your primary source of authority
• Adopt a written enforcement policy mirroring CC&R procedures
• Send written violation notices citing the specific CC&R provision
• Keep financial records and budgets for at least 7 years
• If your CC&Rs lack lien rights, consult an attorney about judicial enforcement remedies