Mississippi HOA Laws: A Comprehensive Guide

Are you the manager, board member, or executive of a Mississippi homeowners association? If that's the case, then you need to know about the state laws that govern these organizations.

This information will help to guide your decisions and avoid messy legal issues that have a negative impact on the association as a whole.

In this guide, we will provide a comprehensive overview of Mississippi HOA laws to ensure that you have the information you need to remain compliant. Keep in mind that we have a "Resources" section at the end of this article, where you can find links to the relevant legislation for further reading.

Understanding the Basics

Let's start by defining community associations and discussing the rights and responsibilities of these organizations.

What Is a Homeowners Association?

In Mississippi, an HOA, otherwise known as a community or property owners association, is a group created by inhabitants of a community to administer and maintain common spaces, implement community regulations, and handle shared issues.

Members often pay fees, known as assessments or dues, to fund upkeep and abide by rules that contribute to the overall success of the community as a whole.

The Association's Governing Documents

In addition to federal, state, and local law, homeowners associations in Mississippi are regulated by their own governing documents.

They establish a framework for the management of a community, detail the processes and corporate structure of the association, and list the rules and regulations that members are to follow, among other things.

Governing documents typically comprise the following:

• Bylaws
• Declaration of Covenants, Conditions, and Restrictions (CC&R)
• Article of Incorporation

Rights and Responsibilities

HOAs in Mississippi have the authority to implement their covenants, collect assessments for the maintenance of common areas, and regulate common spaces. Their responsibilities include supervising community amenities, adhering to architectural standards, and resolving disagreements.

The association has the authority to levy fines for rule infractions and to place liens on homes for unpaid dues. Community members have the right to vote on association decisions and gain access to important financial information.

Homeowner associations must ensure financial transparency and Mississippi law can grant additional powers or establish limitations. Balancing order in the community with member rights is critical for a common interest community in Mississippi.

An Overview of Mississippi HOA Laws and Regulations

Without further ado, here is an overview of the laws that regulate Mississippi homeowners associations.

Mississippi Nonprofit Corporation Act

This act governs nonprofit corporations in the state of Mississippi.

The truth is that in Mississippi, there is no explicit state code that controls the functioning of an incorporated common interest community.

Because the majority of community associations have been incorporated as nonprofit organizations, like most West Virginia associations, they are governed by the Mississippi Nonprofit Corporation Act, which you will find in Title 7 of Chapter 11 of the Mississippi Code.

Mississippi Condominium Law

If you run a condominium association in the state of Mississippi, then you need to pay attention to this law. The Mississippi Condominium Law governs condominium formation in addition to its administration, function, and authority and is applicable only to condominiums and not homeowners associations.

It's important to remember that other state, local, and federal laws may apply in addition to the Nonprofit Corporations Act and the Condominium Law, so we recommend obtaining sound legal counsel to ensure that your HOA meets these standards.

Fines and Fees

HOAs in Mississippi have the authority to levy fines on homeowners. Details regarding these fines, such as the amount, type, and notice requirements, will likely be found in the governing documents. 

Provided it is done in accordance with federal regulations, a homeowners association may not fine or otherwise restrict a member from erecting antennas or satellite dishes or from displaying the national flag.

However, these organizations are permitted to include certain rules on how such elements are to be placed to maintain the overall aesthetics of the neighborhood.

Liens and Foreclosures

In Mississippi, there are no state laws governing whether an HOA is allowed to seize a member's home because of unpaid assessments.

However, most counties grant these organizations the authority to place a lien on a home if the owner fails to pay the fees they owe. If this lien is not addressed, the community association may foreclose on the property.

Homeowners associations can foreclose on homes in two ways, either by judicial or non-judicial methods.

About DoorLoop's HOA Management Tools

HOAs in Mississippi have a number of responsibilities. They have to schedule member meetings, prepare and maintain proper financial records, and ensure that these records are made available to association members.

They also have a duty to ensure transparency and traceability, which can be challenging to achieve without the proper tools. Fortunately, DoorLoop has a solution to this problem.

Our innovative HOA management software is designed especially for HOA board members, managers, and executives.

It is feature-packed, ensuring that you are able to execute important bookkeeping functions, receive and track HOA fees, and liaise with tenants, homeowners, staff, and contractors, all from one easy-to-use platform!

The best part? You don't have to make a financial commitment before trying it out for yourself! To book a FREE demo or learn more about this incredible all-in-one software package, get in touch with us today.

Closing Thoughts

The board of directors has an incredible responsibility to understand the state laws that affect their HOAs. This guide has provided an overview of important Mississippi laws, but additional legislation may apply, so you will need to do additional research.

When you're ready to ensure that your homeowner's association meets the standards set out by these laws, contact us to try DoorLoop!