Mississippi statute reference · Miss. Code Ann. § 89-9-1
§ 89-9-1 - Mississippi Condominium Act: Definitions
The definitional provisions of the Mississippi Condominium Act establish the foundational terms that govern every condominium association subject to the statute. Understanding what “unit,” “common elements,” “association,” and “declarant” mean under Mississippi law is the first step for any board or manager working with the Act.
Statute text reproduced from the Mississippi Code Annotated; editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Mississippi counsel.
What boards need to know
The Mississippi Condominium Act applies automatically to all condominiums created by recording a declaration in Mississippi. Unlike Alabama's opt-in HOA Act, there is no election required - recording the declaration is the act that creates the condominium and subjects it to the statute.
The Act's definitions form the basis for the entire governance framework. The distinction between the unit (privately owned) and the common elements (jointly owned) determines insurance responsibilities, maintenance obligations, voting rights, and how assessments are allocated. Errors in reading the declaration - misidentifying what is unit versus what is common element - lead to enforcement and maintenance disputes that are expensive to resolve.
Mississippi did not adopt the national Uniform Condominium Act (unlike Alabama, which did in 1990). As a result, the Mississippi Act has different terminology and different section numbering from those used in Uniform Act states like Alabama, Virginia, and Connecticut. Boards and managers who work across Gulf Coast states should not assume that the Uniform Act rules apply to Mississippi condominiums.
Key definitions
Condominium
Miss. Code Ann. § 89-9-3Real property and any improvements thereon, lawfully submitted to the provisions of the Act, in which units are owned by individual owners and the remainder is owned in common by all unit owners.
Unit
Miss. Code Ann. § 89-9-3A part of the condominium property, including one or more rooms, occupying one or more floors or a part thereof, intended for any type of independent use, and with a direct exit to a public street, road, or highway, or to a common area leading to such.
Common elements
Miss. Code Ann. § 89-9-3All portions of the condominium property other than the units - typically the land, building structure, hallways, elevators, and amenities. Owned in undivided percentages by all unit owners as tenants-in-common.
Association
Miss. Code Ann. § 89-9-3The entity responsible for the administration of the condominium, organized under the condominium instruments. All unit owners are members of the association.
Declarant
Miss. Code Ann. § 89-9-3The person or entity who records the condominium declaration, typically the developer. The declarant controls the association during the development period.
Common questions about § 89-9-1
- What is the Mississippi Condominium Act?
- The Mississippi Condominium Act (Miss. Code Ann. §§ 89-9-1 et seq.) is the state statute governing condominium associations in Mississippi. Enacted in 1981, it covers the creation of condominiums by recording a condominium declaration, the organization and governance of the unit owners' association, assessment obligations and liens, management of common expenses, and resale procedures. Mississippi did not adopt the national Uniform Condominium Act, so the Mississippi Act has its own distinct structure.
- What is a 'unit' under Mississippi's condominium statute?
- Under the Mississippi Condominium Act, a unit is the portion of a condominium project intended for independent use and ownership, typically a dwelling or commercial space. Each unit is separately owned by the unit owner and has its own deed and real estate tax assessment. The unit boundaries, and the separation between unit space and common elements, are defined in the recorded condominium declaration.
- What are 'common elements' under Mississippi condominium law?
- Under the Mississippi Condominium Act, common elements are all portions of a condominium project other than the units themselves - typically the building structure, grounds, hallways, elevators, parking areas, and amenities. Each unit owner holds an undivided percentage interest in the common elements, appurtenant to their unit. The percentage interests are specified in the declaration and are generally tied to unit size or value. The association manages and maintains the common elements on behalf of all owners.
- How is a Mississippi condominium created under the Act?
- A condominium is created in Mississippi by recording a condominium declaration in the county where the property is located, along with a survey map or floor plans as required by the Act. The declaration must describe the condominium, identify and describe each unit and the common elements, allocate ownership percentages to each unit, and set out the governance framework. The association comes into existence when the first unit is conveyed, and all unit owners become members automatically.
- Does Mississippi's Condominium Act apply to mixed-use projects?
- The Mississippi Condominium Act applies to condominium projects regardless of use - residential, commercial, or mixed. However, many of the Act's owner-protection provisions are written with residential condominiums in mind. Boards of mixed-use condominiums should review their declaration to confirm how the Act's governance and allocation provisions apply given their specific mix of unit types, and should consult Mississippi counsel for any provisions that may interact differently in a commercial or mixed-use context.
Official source
Full text available at the Mississippi Legislature's website at legislature.ms.gov.
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This is not legal advice. Consult Mississippi community-association counsel for your specific situation.