Quick Answer
Mississippi has no comprehensive homeowners association act. Condominiums are governed by the Mississippi Condominium Law, Miss. Code Ann. 89-9-1 et seq. Incorporated associations are subject to the Mississippi Nonprofit Corporation Act, Miss. Code Ann. 79-11-101 et seq., which includes financial-controls rules for HOA managing agents at 79-11-751 to 761. Subdivision HOAs otherwise rely on recorded covenants and bylaws.
Which laws govern HOAs and condominiums in Mississippi
Mississippi is one of the states where the honest answer is that no single statute governs HOAs. What controls a community depends on whether it is a condominium, whether the association is incorporated, and what the recorded documents say.
- Mississippi Condominium Law, Miss. Code Ann. 89-9-1 to 89-9-37. Enacted in 1964 and, according to published code text, still the core condominium statute. It applies when a condominium plan is recorded with the chancery clerk, and it addresses the declaration of restrictions, assessment liens, sale and lease restrictions, taxes and partition. It does not address ordinary subdivisions of separately owned lots. See the chapter listing.
- Mississippi Nonprofit Corporation Act, Miss. Code Ann. 79-11-101 et seq. Incorporated associations rely on it for governance, including meetings, voting, records and director conduct. Many of its rules are defaults that bylaws may change, according to published summaries.
- Regulation of Homeowners Associations Managing Agents and the Management of Association Assets, Miss. Code Ann. 79-11-751 to 79-11-761. Enacted by House Bill 953 in 2021, effective July 1, 2021, and followed by a 2022 amendment bill (House Bill 933). These sections govern trust accounts, commingling, board review of account statements, board approval of larger transfers, and fidelity coverage. They apply to a homeowners association organized as a nonprofit corporation and exempt from federal income tax, according to the bill text and summaries.
- Your governing documents. In Mississippi, a recorded declaration of covenants binds owners, and it is the main source of assessment, enforcement, architectural and rental rules for subdivisions.
Other statutes touch associations around the edges, such as foreclosure advertising rules at Miss. Code Ann. 89-1-55 (which the condominium lien section references) and, according to summaries, a transfer-fee provision at 89-1-69 that voids most private transfer-fee covenants with an exception for fees payable to the association. Check the statute text before relying on those summaries.
Key HOA and condo topics at a glance
Where a rule is not stated below, Mississippi law generally defers to your documents, so read them first.
| Topic | What Mississippi law says |
|---|---|
| Assessments and liens | Condominiums: a reasonable assessment under a recorded declaration is the owner's debt, and it becomes a lien when the management body records a notice of assessment with the chancery clerk. The lien expires one year after recording unless satisfied, enforcement begins, or it is extended for up to one more year by recorded written extension (Miss. Code Ann. 89-9-21). Subdivision HOAs: see your recorded declaration. |
| Records access | Not set out in the condominium chapter text reviewed. According to summaries, the Nonprofit Corporation Act gives members a right to inspect and copy records on five business days notice (79-11-283 to 291). See your documents. |
| Meetings, elections and voting | Governed by bylaws and the Nonprofit Corporation Act for incorporated associations. Under 79-11-753, as summarized, boards may meet and members may meet by electronic transmission unless the documents prohibit it. |
| Reserves | No state requirement to fund reserves was identified. If the HOA is covered by 79-11-751 to 761, the board must review operating and reserve account statements at regular meetings, and a transfer above $10,000 of combined reserve and operating deposits requires prior board approval. |
| Fines and enforcement | See your documents. For incorporated associations, 79-11-189 is summarized as requiring a fair and reasonable procedure carried out in good faith before expelling or suspending a member. |
| Rental restrictions | Condominium declarations may regulate sales and leases (89-9-19), but a statutory right of first refusal is not mandatory. Subdivision rental rules come from the declaration. |
| Architectural review | No statewide rule identified. Governed by the declaration and any design guidelines. |
| Board duties | Governed by the Nonprofit Corporation Act and the documents. Under the 2021 financial-controls sections, the board must review account statements, approve large transfers and, subject to the statute's terms, maintain fidelity coverage. |
Condominium assessments and liens
Under Miss. Code Ann. 89-9-21, the condominium lien arises only after the management body records a signed and verified notice of assessment in the office of the chancery clerk where the unit is located. The notice must state the amount and authorized charges, describe the condominium, and name the record owner. Liens are recorded in a condominium lien book alphabetically by owner name, and once the assessment is paid the management body must record a notice of satisfaction and release.
The recorded lien is prior to other liens recorded after the notice, although the declaration may subordinate it. The one-year expiration is easy to miss: unless the lien is sooner satisfied or enforcement has been started, it expires one year after recording, and the management body may extend it by up to one additional year only through a recorded written extension. Enforcement may be by sale conducted under 89-1-55 or otherwise as the law permits, and the association may sue for a money judgment without waiving the lien. Boards should calendar these dates carefully.
Financial controls for HOAs and their managers
Sections 79-11-751 to 761 are the closest Mississippi comes to an HOA statute, and they matter to boards and to anyone paid to handle association money. According to the 2021 bill text and published summaries, a managing agent that accepts association funds must place them in an FDIC-insured trust fund account unless they go into an association-controlled or escrow account, may not commingle them with its own or others' funds, and must give the board account information before regular meetings. The board must review the latest operating and reserve account statements at each regularly scheduled meeting unless the documents set a stricter standard, and a transfer of more than $10,000 from combined reserve and operating deposits requires prior board approval. The sections also address fidelity bond or comparable coverage for directors, officers, employees and managing agents. Because a 2022 amendment changed parts of these provisions, read the current text of 79-11-759 in particular.
A self-managed association has no managing agent, so the trust account duties may not apply, but the board-level review and approval rules may still bind it if it meets the statute's definition of an association.
Recent changes
The main recent developments are the 2021 enactment of the managing agent and asset-management sections (House Bill 953, effective July 1, 2021) and the 2022 follow-up (House Bill 933). We did not locate other 2025 or 2026 enactments specific to HOAs or condominiums in our research. Boards should still check the legislature's current session for new bills. For background, see our Mississippi HOA law changes 2021-2025.
Remote HOA management in Mississippi
Because Mississippi law leaves so much to the documents and the board, strong recordkeeping is the best protection. Remote management gives boards a cloud dashboard with financial statements and documents, online dues collection with delinquency tracking, digital violation tracking, and board support by phone, email and video. That workflow supports the account statement reviews and approval records that 79-11-751 to 761 contemplate. Learn more about remote HOA management in Mississippi and our pricing.
Rules on manager licensing and registration vary by state. In our research, we did not find a separate Mississippi license for community association managers; one secondary source says none is required, while Mississippi's real estate licensing law generally covers managing rental property for others. Associations should confirm with the Mississippi Real Estate Commission and counsel what applies in Mississippi.
Related reading
- HOA governing documents explained
- How an HOA works
- What powers does an HOA have
- HOA reserve funds explained
- What is HOA management
Frequently Asked Questions
Does Mississippi have an HOA law?
Not a comprehensive one. Mississippi has a Condominium Law at Miss. Code Ann. 89-9-1 et seq. and the Nonprofit Corporation Act at 79-11-101 et seq., which includes the HOA managing agent sections at 79-11-751 to 761. Subdivision associations mostly follow their recorded covenants.
How long does a Mississippi condo assessment lien last?
Under 89-9-21, the lien expires one year after the notice of assessment is recorded unless it is satisfied, enforcement has started, or the management body extends it for up to one more year by recording a written extension.
Can a Mississippi HOA mix association money with a manager's funds?
Under 79-11-751 to 761, as enacted in 2021, a managing agent may not commingle association funds with its own or others' funds and must use qualifying trust accounts. The sections apply to nonprofit-incorporated, tax-exempt HOAs, so confirm how they apply to your association.
Do Mississippi HOA members have a right to see records?
For incorporated associations, summaries of the Nonprofit Corporation Act say members may inspect and copy records on five business days notice. Check the statute text and your bylaws, and ask counsel about any limits.
Can a Mississippi HOA require board approval for large transfers?
Yes, if it is covered. Section 79-11-757, as described in the 2021 bill and summaries, requires prior board approval for a transfer exceeding $10,000 of combined reserve and operating account deposits.
How APM Helps
Association Property Managers helps boards keep clean books, track dues and violations, and document board decisions, remotely or on site. Explore our association management services or request a free proposal; we respond within three business days. You can also call 810.777.7060.
This article is general information, not legal advice. Laws change and associations differ; consult a licensed attorney in Mississippi. Last verified October 25, 2026.
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