Mississippi HOA laws and regulations - 2026 guide

Mississippi is one of a handful of states with no standalone homeowners association act. Mississippi lawmakers have left the rules that a single statute would supply in Florida or Nevada scattered across the state's nonprofit corporation law, its condominium law, decades of court decisions, and each community's own recorded documents. Because Mississippi has no comprehensive HOA statute governing ordinary planned communities, the community's declaration determines whether a local HOA can impose fines or pursue foreclosure.

Does Mississippi have a dedicated HOA law?

Mississippi has never enacted a statewide HOA act for planned communities, and the Legislature never enacted a 2011 bill (HB 1366) that would have adopted the Uniform Common Interest Ownership Act, as its legislative history confirms. The Mississippi Bar's Real Property Section puts it bluntly: Mississippi law on HOA liens, how an HOA can enforce its liens, and the priority of the lien, is scant.

Two statutes fill most of the gap. Incorporated HOAs answer to the Mississippi Nonprofit Corporation Act, while condominium projects, each one a common interest community governed by dedicated state law, answer to the Mississippi Condominium Law. Because Mississippi has no comprehensive HOA statute for planned communities, everything else, from assessment and architectural-control authority to rental restrictions, comes from the recorded declaration or CC&Rs and the bylaws, backed by general Mississippi property and contract law. Mississippi associations must follow federal law as well as the applicable corporate or condominium statute and their governing documents.

The primary statutes that govern Mississippi HOAs

Two bodies of state law reach Mississippi associations, and which one applies depends on how the community is structured.

Mississippi Nonprofit Corporation Act (Title 79, Chapter 11)

Mississippi HOAs that incorporate as nonprofit corporations fall under the Mississippi Nonprofit Corporation Act, Miss. Code Ann. §§ 79-11-101 through 79-11-407. The Act supplies default rules for member meetings, voting, quorums, board elections, records inspection, and dissolution. Those defaults yield to the association's own documents: §§ 79-11-217, 79-11-219, and 79-11-263 expressly defer to the articles or bylaws, so you have to read the governing documents before you can rely on any statutory default. Chapter 11 also contains a 2021 subpart, §§ 79-11-751 through 79-11-761, that regulates HOA managing agents and requires fidelity bonding, covered later in this guide.

Mississippi Condominium Law (Title 89, Chapter 9)

The Mississippi Condominium Law, Miss. Code Ann. §§ 89-9-1 through 89-9-37, applies only to condominium projects. The law takes effect for a project only after the owner records a statutory condominium plan under § 89-9-9. It requires the project owner to record a declaration of restrictions before conveying any unit (§ 89-9-17) and creates an express statutory assessment lien (§ 89-9-21). Traditional single-family subdivision HOAs get none of this.

The practical differences between the two regimes matter most when assessments go unpaid:

• Feature | Condominium (Title 89, Ch. 9) | Traditional HOA
• Governing statute | Miss. Code Ann. §§ 89-9-1 to 89-9-37 | No dedicated HOA statute
• Pre-conveyance declaration | Mandatory (§ 89-9-17) | Not required by statute
• Statutory assessment lien | Express (§ 89-9-21) | Covenant-based; case law described as "scant"
• Lien enforcement | Power-of-sale foreclosure per § 89-1-55 | Uncertain; depends on the covenants
• Corporate governance | Management body per declaration | Usually the Nonprofit Corporation Act

HOA governing documents: CC&Rs, bylaws, and articles of incorporation

Because the statutes are thin, the governing documents carry nearly all the weight in Mississippi. Each document has a distinct job and a distinct filing location.

• The declaration (CC&Rs) is recorded in the county land records and runs with the land. It defines assessment authority, use restrictions, architectural control, and amendment procedures. For condominiums, § 89-9-17 makes recording it before any unit sale mandatory.
• The incorporators file the articles of incorporation with the Mississippi Secretary of State to create the corporate entity.
• The bylaws govern internal operations, meetings, elections, officer duties. Mississippi requires bylaws, but associations keep them as internal documents and do not file them with the Secretary of State.
• Board-adopted rules and resolutions sit at the bottom and must stay within the authority the higher documents grant.

The order of precedence runs state and federal law first, then the declaration, then bylaws, then rules. Mississippi courts enforce that hierarchy strictly. In Kephart v. Northbay Property Owners Ass'n (Miss. Ct. App. 2013), a board tried to ban leasing by resolution when the declaration required a 75% owner vote to amend; the court enforced the covenant as written. In Lake Serene Property Owners Association v. Esplin (Miss. 2022), the Supreme Court held that short-term rentals were residential use under the covenants, invalidated bylaws restricting rentals as "an unauthorized amendment to the covenants," and affirmed the invalidation of every fine and assessment levied against the owner.

The Court of Appeals reached the opposite result in Buena Vista Lakes Maintenance Association v. Jones (Miss. Ct. App. 2024), where the association adopted a rental ban through the prescribed two-thirds amendment procedure and the court upheld it. If you operate a short-term rental in a Mississippi HOA, whether a rental ban binds you turns entirely on whether the association followed its own amendment procedure. Pull the declaration and the amendment vote records before you assume either answer.

How Mississippi HOAs are formed and registered

A Mississippi HOA may form as a nonprofit corporation by filing Articles of Incorporation through the Secretary of State's online portal. The filing fee for domestic nonprofit articles (Form F0001) is $50, and all payments are nonrefundable.

Under § 79-11-137, the articles must state the corporate name, duration, registered agent information, each incorporator's name and address, and the initial planned nonprofit activity. The registered agent must have a physical Mississippi address. If the articles don't name initial directors, the incorporators must hold an organizational meeting to elect them within two years of incorporation.

You can verify any Mississippi HOA's corporate status through the Secretary of State's Business Search tool, which searches by business name, business ID, officer name, or registered agent and shows the association's status and registered agent, plus its officers. For an investor performing due diligence, a "Dissolved" status here is a red flag worth chasing down before closing.

If recorded covenants bind your deed, you are part of a mandatory HOA. Membership is automatic, you cannot decline it, and ownership carries the associated assessment obligations with it. The Mississippi Supreme Court held in Perry v. Bridgetown Community Ass'n (1986) that a landowner who purchases property subject to HOA control "implies his consent to be charged assessments and dues common to all other members," and in Griffin v. Tall Timbers Development (1996) that the right to form an HOA runs with the land and binds successors. Buying a lot subject to those covenants means accepting them; you cannot opt out merely by declining membership, short of the covenants themselves expiring or being amended.

Assessments, fines, liens, and foreclosure in Mississippi

The recorded declaration supplies assessment authority in Mississippi. Perry confirmed that covenants can give an association authority to collect dues and enforce collection "both in law and in equity," and Griffin held that covenants for payment of annual assessments run with the land.

Mississippi sets no statutory cap on HOA fines. Whatever fining power exists comes from the CC&Rs, and when an association bases fines on an invalid rule, the fines fall with the rule, as the Esplin owners' invalidated fines show. One statutory limit does bite: in Breakers Association, Inc. v. Rea (1996), the Supreme Court held a 20% late-payment charge violated the usury statute at § 75-17-27.

For condominiums, § 89-9-21 creates a lien when the management body records a notice of assessment with the county chancery clerk, stating the amount, authorized charges, the unit description, and the record owner's name. The lien expires one year after recordation unless the association satisfies it or begins enforcement, and the association may extend it once for up to one additional year. Condominium assessments must flow through the association's own accounts rather than commingled with any other funds; where a managing agent collects or holds association money, the managing agent must deposit those funds into a dedicated trust account and keep them separate from the manager's personal or operating accounts, ensuring that assessment dollars remain identifiable and protected at every stage of collection and disbursement. For non-condominium HOAs, no statute creates a lien; USFN confirms that in Mississippi, there are no statutes governing lien priority for HOAs, so lien rights depend on the covenants themselves.

When an association enforces a lien, it may pursue one of two paths:

• Foreclosure path | Legal basis | Key requirements
• Nonjudicial (power of sale) | § 89-9-21 authorizes a sale conducted under § 89-1-55 | Hold the sale in the county where the land sits; advertise it in a newspaper for three consecutive weeks; post notice at the courthouse; name the original mortgagor. The parties cannot waive these requirements.
• Judicial (chancery court) | Suit for money judgment or foreclosure; recognized in Breakers v. Rea | § 89-9-21 preserves suit for a money judgment "without waiving the lien securing the same"; court supervises the process.

Those requirements are strict, and courts enforce them literally: a Court of Appeals decision voided a sale held sixteen days after first publication. Before any sale, § 89-1-59 lets the debtor stop it by paying the amount past due plus accrued costs, including fees, rather than the full accelerated balance. After a nonjudicial sale, Mississippi provides no post-sale redemption period. Actions on an open account carry a three-year limitations period.

Investors buying at foreclosure should know Loblolly Properties LLC v. Le Papillon Homeowner's Association, 368 So. 3d 1283 (Miss. 2023). The Supreme Court held 7-2 that foreclosure of a prior deed of trust did not extinguish later-recorded HOA covenants: "The HOA dues in the present case ran with the land, and the foreclosure sale did not extinguish Loblolly's duty to adhere to those covenants." The Mississippi Bar's Real Property Section reads the result as HOA covenants enjoying near-unassailable priority, while openly questioning the majority's reasoning. If you acquire Mississippi property through foreclosure inside an HOA, budget for the covenants surviving the sale.

Board of directors: elections, meetings, and quorum requirements

For incorporated HOAs, the Nonprofit Corporation Act supplies governance defaults for your board of directors that apply unless the articles or bylaws say otherwise. The defaults that come up most often in disputes:

• Subject | Statutory default | Section
• Member meeting notice | No fewer than 10 days (30 if mailed by other than first-class or registered mail) nor more than 60 days before the meeting | § 79-11-205
• Member quorum | 10% of votes entitled to be cast; if less than one-third of voting power is present, only noticed matters may be voted on | § 79-11-217
• Member vote required | Affirmative vote of votes represented and voting, if a quorum is present | § 79-11-219
• Proxies | Valid 11 months unless otherwise specified; 3-year maximum | § 79-11-221
• Director terms | May not exceed 5 years; 1 year if unspecified; directors hold over until a successor qualifies | § 79-11-239
• Board quorum | Majority of directors in office immediately before the meeting; action requires majority of directors present | § 79-11-263

Annual-meeting notices must describe matters that need member approval, including amendments and dissolution, and special-meeting notices must describe the purpose of the meeting. Members may also act by written ballot without a meeting under § 79-11-211. Check the bylaws first in every case; the governing documents can raise each of these defaults and lower several of them.

Homeowner rights: records inspection and dispute options

Members of an incorporated Mississippi HOA have a statutory right under § 79-11-285 to review community records, including the association's accounting records and, subject to statutory conditions, the membership list, upon five business days' written notice. If a board refuses, that statute is your lever.

Mississippi has no HOA ombudsman and no state agency that regulates associations. Owners must use whatever internal grievance procedure the governing documents provide or resolve disputes in court. Mississippi courts recognize several defensive doctrines that homeowners can invoke:

• Mississippi courts construe ambiguous covenants against the party enforcing them (Kinchen v. Layton, Miss. 1984), and apply "more or less" strict construction to restrictive covenants (Kemp v. Lake Serene Property Owners Association, Miss. 1971).
• Waiver, abandonment, laches, and acquiescence can bar enforcement when an association sleeps on its rights, as in Twin States Realty Co. v. Kilpatrick (Miss. 1946), though isolated unauthorized uses do not establish waiver when the association protests them (Ewing v. Adams, Miss. 1990). Together with the courts' insistence that an association follow a fair procedure before enforcing a covenant, these equitable doctrines give owners solid defensive footing against overreaching enforcement.
• Individual homeowners have standing to seek injunctive covenant enforcement themselves; they don't have to wait for the HOA (White Cypress Lakes Development Corp. v. Hertz, Miss. 1991).
• Courts limit covenant-based attorney's fees by reasonableness. In Wellsgate Homeowners Association v. Hilton (Miss. Ct. App. 2020), the court held "a contractual provision to pay attorney's fees is not a blank check."

Federal laws every Mississippi HOA must follow

Federal law applies to Mississippi HOAs with full force, and it matters more here than in most states because Mississippi has no state fair housing statute. House Bill 89, which would have created a Mississippi Fair Housing Act, failed on February 3, 2026.

Fair Housing Act

The Fair Housing Act (42 U.S.C. § 3601 et seq.) prohibits discrimination based on race, color, religion, sex, familial status, national origin, and disability, and the HUD/DOJ Joint Statement confirms it applies to homeowners and condominium associations. For an HOA, that reaches discriminatory rules and selective enforcement. It also covers refusals of disability-related requests. These requests include reasonable accommodations, such as assistance animals, which HUD treats as accommodation requests rather than pet issues, and reasonable modifications to premises. Beyond the Fair Housing Act, the Americans with Disabilities Act can independently reach an HOA's common areas or amenities open to the public, such as a clubhouse used for public events. Accessibility obligations may therefore extend well past the FHA's design and construction rules and create a separate layer of exposure HOA boards often overlook.

Under 24 C.F.R. § 100.7, an HOA is directly liable for failing to correct a third party's discriminatory conduct it knew or should have known about, and vicariously liable for its agents' discrimination whether it knew or not. Mississippi residents enforce these rights through HUD's Office of Fair Housing and Equal Opportunity, online or at 1-800-669-9777; the Jackson Field Office sits at 100 W. Capitol St., Suite 910.

Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act draws a line HOA owners often misunderstand. An HOA collecting its own assessments in its own name is a creditor and not regulated by the FDCPA. A third-party collection agency or attorney who regularly collects consumer debts is a debt collector and must comply, including Regulation F's requirement to send a written validation notice within five days of initial communication and to pause collection if the owner disputes the debt in writing within 30 days. Mississippi has no state mini-FDCPA and no debt-collector licensing requirement, so the federal statute is the operative protection.

Antenna and satellite dish restrictions

The FCC's OTARD rule (47 C.F.R. § 1.4000) preempts HOA covenants, deed restrictions, bylaws, and rules that impair installation or use of satellite dishes one meter or smaller and similar fixed wireless antennas. It also protects local TV broadcast antennas within an area under the resident's exclusive use, such as a balcony or patio. The rule prohibits blanket antenna bans and generally prohibits prior-approval requirements, while associations cannot absolutely prohibit masts exceeding 12 feet above the roofline. HOAs may continue to enforce restrictions covering common-area roofs and exterior walls.

Solar panel restrictions

Solar is a different story. Mississippi has no solar access law restricting HOAs from banning panels; the Legislature never enacted a 2014 bill (HB 1542) that would have prohibited such bans. If the CC&Rs prohibit solar panels, that prohibition stands under current Mississippi law.

Financial and administrative obligations boards overlook

Several obligations catch Mississippi boards and investors by surprise, mostly because they come from scattered statutes and federal lender rules rather than one HOA act.

Fidelity bonding

Fidelity bonding is the one HOA-specific mandate Mississippi has enacted. Under Miss. Code Ann. § 79-11-759, enacted in 2021, an HOA must maintain fidelity bond or comparable coverage for employees. The coverage must also protect directors and officers. The amount must at least equal the association's combined reserves plus the highest total-assessment balance of the previous year, including computer fraud and funds transfer fraud coverage, and the policy must cover the managing agent's dishonest acts if the association uses one. A majority of the board of directors can vote at a regular or special meeting to opt out of the entire requirement. Ask your association whether that vote has happened; an opt-out removes the statutory baseline against embezzlement.

Reserves and lender requirements

No Mississippi statute requires reserves or a reserve study. The CC&Rs or federal financing programs may impose reserve obligations: FHA condominium approval requires replacement reserves of at least 10% of the budget plus fidelity coverage for projects with 20 or more units, and Fannie Mae's full-review standard imposes similar 10% reserve funding and fidelity/crime insurance requirements. An underfunded HOA can quietly make every unit in the project harder to finance.

Transfer fees and resale paperwork

On transfer fees and resale paperwork, Mississippi permits an HOA transfer fee under § 89-1-69(3)(a) only where the subdivision has more than one platted lot and the fee right appears in a recorded deed restriction or covenant, with no statutory cap on the amount. No Mississippi statute requires an HOA to issue a resale or estoppel certificate, and SB 2644, which would have capped estoppel fees at $200 and required 10-business-day delivery, died in committee on February 3, 2026. The seller must deliver the state's Property Condition Disclosure Statement in broker-assisted sales, and the current MREC form includes fields for HOA/COA Dues and special assessments.

Tax and registration filings

Tax and registration filings stack up annually.

• Most HOAs elect federal Form 1120-H under IRC § 528, which excludes exempt function income (dues and assessments) but taxes remaining income at 30%; the alternative is Form 1120 at a 21% flat rate, and the IRS permits filing whichever produces the lower tax. Form 1120-H is due the 15th day of the fourth month after year-end. Filing late generally forfeits the election, but the instructions provide automatic 12-month late-election relief under Reg. § 301.9100-2 if the association takes corrective action within 12 months of the due date, including extensions.
• At the state level, the Mississippi Department of Revenue broadly requires every corporation doing business or existing in Mississippi to file Form 83-105, the combined corporate income and franchise tax return. Most ordinary HOAs likely must file unless they independently qualify for a Mississippi statutory exemption. Exempt organizations may have different filing obligations, and no HOA-specific Department of Revenue guidance confirms a categorical rule for associations that file federal Form 1120-H. The franchise tax is phasing out entirely by January 1, 2028.
• Since July 1, 2024, nonprofit corporations must also file a free annual report with the Secretary of State by May 15 each year. Failure to file gives the Secretary of State grounds for administrative dissolution, which ends the HOA's corporate status and may impair its ability to enforce covenants or maintain standing in court until reinstatement.

Manager licensing

Mississippi requires no community association manager license. The Mississippi Real Estate Commission issues only broker and salesperson licenses, and CAI's February 2026 licensing summary does not list Mississippi among CAM-license states. But Mississippi's broker license law defines licensable activity to include anyone who manages any real estate for compensation, and a single compensated act triggers the requirement, so third-party management companies may need a broker's license even though no CAM credential exists.

Dissolving a Mississippi HOA: steps and legal requirements

Dissolution is rare but comes up for investors who acquire most or all of a failed subdivision, or for communities whose covenants have lapsed. For an incorporated HOA with members, § 79-11-335 governs member approval of dissolution. Confirm the required vote under that section and the governing documents before acting; do not assume the general voting rule in § 79-11-219 controls. The governing documents frequently impose supermajorities for dissolution.

The process runs in sequence:

1. Notice the member meeting per § 79-11-205 (10 to 60 days, identifying dissolution as a purpose) and hold the approval vote. A corporation with no members may dissolve by majority vote of incorporators or directors under § 79-11-333, with an adopted plan of dissolution.
2. File Articles of Dissolution (Form F0028) with the Secretary of State, filing fee $25, online at the corporate portal. The Secretary of State accepts paper filings but processes them significantly more slowly.
3. Wind up under § 79-11-336: pay all liabilities and return conditional assets. Transfer any restricted charitable assets to similar organizations, then distribute remaining assets per the articles or bylaws.

Voluntary dissolution requires no tax clearance; only reinstatement after an administrative dissolution requires a Department of Revenue certificate. One caution for anyone counting on dissolution to escape the covenants: dissolving the corporation does not necessarily erase recorded covenants that run with the land, and after Loblolly, Mississippi courts treat those covenants as durable. Get Mississippi real estate counsel involved before relying on dissolution to change what the land records say.

How Steadily protects Mississippi rental property owners

The laws above govern the association. Your declaration and the association's master policy determine what the HOA insures, while the applicable unit-owner responsibilities identify the dwelling and liability coverage you need, plus coverage for loss of rental income. Mississippi law does not require your HOA to carry property or liability insurance. Review those documents before choosing your own limits because coverage varies by community and policy form.

Steadily writes landlord insurance in Mississippi for single-family rentals, condos, multifamily, and short-term rentals inside HOA communities. Policies offer dwelling coverage. Liability options range from $100K to $1M+. Policies also provide loss of rental income up to 12 months of fair rental value. Get a quote in minutes at quote.steadily.com, with no phone call required.

FAQ

These answers summarize the rules Mississippi owners most often need to check against their community's recorded documents.

Can I opt out of a Mississippi HOA?

No, not if your community is a mandatory HOA, meaning your deed is subject to recorded covenants. In a mandatory HOA, the covenants run with the land and bind every successor owner. Purchasing the property does not let you opt out because buying it implies consent to assessments (Perry v. Bridgetown, Griffin v. Tall Timbers).

Can a Mississippi HOA foreclose on my home for unpaid dues?

A condominium association can, through the statutory lien in § 89-9-21 enforced by power-of-sale foreclosure under § 89-1-55, or through chancery court. A traditional HOA's foreclosure rights depend on its covenants, since no statute grants them. You can stop a threatened sale by paying the past-due amount plus costs and fees under § 89-1-59, but there is no redemption right after a nonjudicial sale.

Which document controls when the CC&Rs and bylaws conflict?

The declaration outranks the bylaws, and the bylaws outrank board rules. Mississippi courts have voided bylaw amendments and board resolutions, including rental bans, that tried to impose restrictions requiring owner approval under the declaration (Kephart, Esplin).

Do I have a right to see my HOA's financial records?

Yes, if the HOA is incorporated. Section 79-11-285 entitles members to inspect community records, including accounting records and, conditionally, the membership list, on five business days' written notice.

What federal laws apply to Mississippi HOAs?

The Fair Housing Act governs discrimination and disability-related requests, including reasonable accommodations and assistance animals. The FDCPA covers third-party collectors, though not the HOA collecting its own dues, while the FCC's OTARD rule protects antenna and satellite dish rights in exclusive-use areas. These carry extra weight in Mississippi because the state has no fair housing statute, no mini-FDCPA, and no solar access law of its own.

Is my HOA required to keep reserves or a fidelity bond?

No statute requires reserves. A 2021 statute, § 79-11-759, does require fidelity bond coverage tied to the association's reserves and assessments, but a majority board vote can opt the association out, so ask whether yours has.

How is a Mississippi HOA dissolved?

Members approve dissolution under § 79-11-335 and the governing documents, the association files Form F0028 Articles of Dissolution with the Secretary of State for $25, and the board winds up by paying liabilities and distributing assets under § 79-11-336. Confirm the required member vote under § 79-11-335 and the governing documents before acting. Recorded covenants may survive the corporate dissolution, so consult counsel before assuming the restrictions disappear.