Mississippi · Homeowners’ law guide
Every Mississippi HOA law, in one place.
Mississippi never enacted a homeowners’ association act. Its HOA law is real but scattered — across the nonprofit corporations chapter, the municipal taxation chapter, the public safety code and the utilities code. This guide is the map.
The tab, page by page
Ordered by how much they are likely to matter to an owner, not by code number. If you read one page, read the first.
01
HOA managing agents and association fundsMiss. Code Ann. §§ 79-11-751 to 761, 6 sections. Start here. This is the closest Mississippi comes to an HOA act, and it is filed at the end of the nonprofit corporations chapter where nobody would look. Trust-account duties for anyone paid to control association money, a bar on commingling, a board review of the account statements at every regularly scheduled meeting, and prior board approval for any transfer over $10,000 of combined reserve and operating deposits. It also requires a fidelity bond or comparable insurance coverage — and then lets a simple majority of the board vote that requirement away.
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02
Mississippi Condominium LawTitle 89, ch. 9, 19 sections, §§ 89-9-1 to 89-9-37. Enacted in 1964 and still the whole of Mississippi's condominium statute. Its reach has two limbs: § 89-9-5(1) defines the condominium form of ownership, and § 89-9-9 applies the chapter only if a condominium plan is recorded — a subdivision of separately owned lots is outside it. Carries the assessment lien in § 89-9-21, which expires one year after the notice of assessment is recorded unless extended in writing or enforced.
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03
Mississippi Nonprofit Corporation ActTitle 79, ch. 11, 158 sections, §§ 79-11-101 to 407. In a state with no planned-community act this is where a member's procedural rights actually live: the right to inspect and copy the records on five business days' notice (§§ 79-11-283 to 291), a mandatory annual meeting, one member one vote, proxies, and § 79-11-189 — no expulsion or suspension except by a fair and reasonable procedure carried out in good faith. Most of its rules are defaults your bylaws may have changed.
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04
Covenants, transfer fees and recordingTitle 89, chs. 1 and 5, 98 sections. What binds a Mississippi homeowner is the recorded declaration, and § 89-5-1 explains why priority of filing decides everything. Carries § 89-1-69, which both defines a “property owners' association” and voids private transfer-fee covenants — with a subsection (3) exception for fees payable to the association itself. Also § 89-1-55, the unwaivable advertising rules for a power-of-sale foreclosure.
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05
Special local improvement assessment districtsMiss. Code Ann. §§ 21-33-551 to 561, 6 sections (plus the repealed § 21-33-501 range). An association can petition its city to levy additional millage over its own area and hand the proceeds back for parks, sidewalks, lighting, landscaping or private patrol services. The price is real accountability: an independent annual CPA audit, filed with the municipal clerk and open to public review — the strongest transparency rule in Mississippi HOA law. Both gates are narrow: 501(c)(3) status, and a municipality of 150,000+ on the 2010 census.
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06
Liens that can reach your homeTitle 85, ch. 7, 104 sections. Read for what is missing as much as what is here: there is no general HOA assessment lien in Mississippi's lien chapter. A condominium association's lien comes from § 89-9-21; a subdivision association's comes from its recorded declaration or from nowhere. What the chapter does carry is the construction lien on your home, Article 21, with its deadlines, its bond discharge, and liability for knowingly filing a false claim of lien.
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07
Consumer protection and HOA collectionsTitle 75, ch. 24, 66 sections. Bans unfair and deceptive trade practices, but the private remedy in § 75-24-15 is hedged four times: it reaches only a buyer or lessee of goods or services for personal use against a seller, lessor, manufacturer or producer; you must first attempt an Attorney General-approved informal dispute settlement; class actions are prohibited; and only a prevailing defendant — never a plaintiff — can recover fees, and only if the court finds the claim frivolous or filed to harass or delay. The chapter contains no debt-collection rules at all.
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08
Other Mississippi laws that reach your associationThe scattered remainder, across seven titles — the pool fence an association must build, the 2012 grandfather rule that exempts most older enclosures, and the member's right to contract the standard upward (Title 45, ch. 43); an eligible association's power to buy the municipal water assets serving its own subdivision (Title 77, ch. 3); zoning, building codes and manufactured-home titling. It also states, with the search behind each one, what Mississippi does not have: no solar-access statute, no state fair housing act, no planned-community act.
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General information, not legal advice. Statutory text throughout this tab is reproduced from the Mississippi Code of 1972, current with legislation from the 2026 Regular Session, and may not reflect the most recent amendments.