What is the Mississippi Condominium Act?

The Mississippi Condominium Act (Miss. Code Ann. §§ 89-9-1 et seq.) is the primary statute governing condominium associations in Mississippi. Enacted in 1981, it establishes the framework for how condominiums are created, how associations are organized and governed, how assessments are levied and collected, and what rights unit owners hold. Mississippi has not adopted the Uniform Condominium Act model, so the Mississippi Act has its own distinct structure and terminology.

Does Mississippi have an HOA statute for planned communities?

No. Mississippi has no comprehensive HOA statute analogous to Florida's Chapter 720 or Alabama's Homeowners Association Act. Planned community HOAs in Mississippi operate under their recorded declarations, bylaws, and restrictions, and rely on Mississippi contract and property law for enforcement. Without a statutory framework, the recorded governing documents are the primary authority - boards must know those documents thoroughly before designing any enforcement procedure.

How does Mississippi handle assessment-lien foreclosure for condominiums?

The Mississippi Condominium Act gives associations a lien for unpaid assessments. The lien may be enforced by judicial proceedings in the same manner as other real estate liens. Mississippi does not provide a non-judicial power-of-sale shortcut for assessment liens in the condominium statute; foreclosure generally requires a court action. The board should obtain amounts due in writing before initiating collection, and should work with Mississippi counsel to confirm the current collection procedure under the Act and the governing documents.

What are the main challenges for Mississippi coastal condo associations?

Mississippi Gulf Coast condominium associations face three compounding challenges: insurance market dislocation (major carrier exits and rising wind/flood premiums post-Katrina), reserve adequacy for aging pre-2000 condo stock, and the absence of a comprehensive HOA statute that would provide clearer enforcement tools. Unlike Florida, which added the SIRS mandate after Surfside to force structural reserve funding, Mississippi has no comparable state-mandated reserve requirement. Boards of coastal Mississippi condominiums should work proactively with their insurers and reserve specialists rather than waiting for statutory pressure.

Does Mississippi require community association manager licensing?

Mississippi does not have a state-mandated community association manager licensing requirement analogous to Florida's Licensed Community Association Manager (LCAM) credential. Management companies and individual managers operating in Mississippi are not subject to a state licensing regime for HOA and condo management. Boards should rely on national designations (CMCA, AMS, PCAM from CAMICB; AMS from IREM) and references when evaluating management companies, in the absence of a state-license verification option.

Where can I find the official text of Mississippi's condominium law?

The official text of the Mississippi Condominium Act (Miss. Code Ann. §§ 89-9-1 et seq.) is available through the Mississippi Legislature's official code viewer at law.justia.com or the Mississippi Legislature's website at legislature.ms.gov. For specific legal questions about your association's situation, consult Mississippi real-estate or community-association counsel.

Mississippi community association law

Mississippi Community Association Statutes

Mississippi community-association law centers on the Mississippi Condominium Act (Miss. Code Ann. §§ 89-9-1 et seq.) for condominiums. Mississippi has no companion HOA statute - planned community associations operate on their recorded covenants and Mississippi common law. Section pages cover definitions, unit-owner rights, assessment obligations, and management of common expenses.

Statute text reproduced from the Mississippi Code Annotated, as published by the Mississippi Legislature's official code viewer; editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Mississippi counsel.

No HOA statute: Mississippi has no comprehensive HOA statute for planned communities. Condo associations use the Mississippi Condominium Act below; HOAs operate on their recorded declarations and Mississippi common law. Confirm your community's legal basis with Mississippi counsel before relying on any statutory remedy.

Mississippi community association statutes

The Mississippi Condominium Act is the primary statutory reference for Mississippi community associations. HOAs rely on their recorded documents.

Mississippi Condominium Act

High priority

Miss. Code Ann. §§ 89-9-1 et seq.

The Mississippi Condominium Act is the primary statute governing condominiums in Mississippi. Enacted in 1981, it covers the creation and organization of condominiums, unit-owner rights and obligations, assessment liens and collection, management of common expenses, and resale procedures. Mississippi has no companion HOA statute - planned community HOAs operate on their recorded covenants and Mississippi common law.

Definitions and creation (§ 89-9-1 et seq.)
Unit-owner rights and assessments (§ 89-9-17)
Management and common expenses (§ 89-9-29)
Assessment liens and collection procedures

Browse the Condominium Act

How Mississippi differs from Florida

Mississippi has a far smaller HOA market than Florida - roughly 1,000 or fewer associations versus Florida's 50,000-plus. The regulatory framework is also less developed: no comprehensive HOA statute, no state-mandated reserve study, no milestone inspection schedule, and no community association manager licensing requirement. Assessment enforcement for condominiums requires judicial proceedings rather than the streamlined lien and collection procedures Florida provides. Gulf Coast Mississippi associations face many of Florida's same coastal insurance challenges but without Florida's statutory toolkit - boards need to lean harder on well-drafted governing documents and proactive professional relationships.

Statute references in other states

Florida community association statutes

Chapter 718, 720 & 719 - the deepest annotated reference.

Alabama community association statutes

Uniform Condominium Act and opt-in Homeowners Association Act.

Louisiana community association statutes

Louisiana Condominium Act and Residential Property Association Act.

Mississippi statute FAQ

What is the Mississippi Condominium Act?: The Mississippi Condominium Act (Miss. Code Ann. §§ 89-9-1 et seq.) is the primary statute governing condominium associations in Mississippi. Enacted in 1981, it establishes the framework for how condominiums are created, how associations are organized and governed, how assessments are levied and collected, and what rights unit owners hold. Mississippi has not adopted the Uniform Condominium Act model, so the Mississippi Act has its own distinct structure and terminology.
Does Mississippi have an HOA statute for planned communities?: No. Mississippi has no comprehensive HOA statute analogous to Florida's Chapter 720 or Alabama's Homeowners Association Act. Planned community HOAs in Mississippi operate under their recorded declarations, bylaws, and restrictions, and rely on Mississippi contract and property law for enforcement. Without a statutory framework, the recorded governing documents are the primary authority - boards must know those documents thoroughly before designing any enforcement procedure.
How does Mississippi handle assessment-lien foreclosure for condominiums?: The Mississippi Condominium Act gives associations a lien for unpaid assessments. The lien may be enforced by judicial proceedings in the same manner as other real estate liens. Mississippi does not provide a non-judicial power-of-sale shortcut for assessment liens in the condominium statute; foreclosure generally requires a court action. The board should obtain amounts due in writing before initiating collection, and should work with Mississippi counsel to confirm the current collection procedure under the Act and the governing documents.
What are the main challenges for Mississippi coastal condo associations?: Mississippi Gulf Coast condominium associations face three compounding challenges: insurance market dislocation (major carrier exits and rising wind/flood premiums post-Katrina), reserve adequacy for aging pre-2000 condo stock, and the absence of a comprehensive HOA statute that would provide clearer enforcement tools. Unlike Florida, which added the SIRS mandate after Surfside to force structural reserve funding, Mississippi has no comparable state-mandated reserve requirement. Boards of coastal Mississippi condominiums should work proactively with their insurers and reserve specialists rather than waiting for statutory pressure.
Does Mississippi require community association manager licensing?: Mississippi does not have a state-mandated community association manager licensing requirement analogous to Florida's Licensed Community Association Manager (LCAM) credential. Management companies and individual managers operating in Mississippi are not subject to a state licensing regime for HOA and condo management. Boards should rely on national designations (CMCA, AMS, PCAM from CAMICB; AMS from IREM) and references when evaluating management companies, in the absence of a state-license verification option.
Where can I find the official text of Mississippi's condominium law?: The official text of the Mississippi Condominium Act (Miss. Code Ann. §§ 89-9-1 et seq.) is available through the Mississippi Legislature's official code viewer at law.justia.com or the Mississippi Legislature's website at legislature.ms.gov. For specific legal questions about your association's situation, consult Mississippi real-estate or community-association counsel.

Search the statutes on Common Elements

Search Mississippi community-association statutes on Common Elements: plain-English summaries, keyword search, and, where available, the same deep section library as Florida. A free account adds bookmarks, uploads, and side-by-side compare.

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This is not legal advice. Consult Mississippi community-association counsel for your specific situation.