In Mississippi, many planned communities are managed by a homeowners association (HOA). The laws governing HOAs in Mississippi are set forth by various local and state regulations, as well as by each individual HOA’s governing documents.
Who Regulates HOAs in Mississippi?
No state code that specifically governs HOAs in Mississippi. Since most HOAs are registered as nonprofit corporations, HOAs are run by the Mississippi Nonprofit Corporation Act found in Title 7 Chapter 11 of the Mississippi Code. This act governs all nonprofit corporations in the state of Mississippi.
Otherwise, governing documents regulate an HOA. Although every HOA is different, the governing documents typically include: Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions, and other rules and regulations.
HOAs in Mississippi may be subject to applicable federal laws such as:
HOAs may be subject to certain state laws such as:
How to Find HOA Regulations in Mississippi
HOA governing documents are not public records in Mississippi. The bylaws and other governing documents are kept with the HOA. Public HOA records include Articles of Incorporation and annual reports.
These records can be found by anyone online by conducting a Business Search on the Mississippi Secretary of State website. Documents not available by conducting a business search can be requested online here.
HOA Powers in Mississippi
In Mississippi, HOAs have the power to:
- Levy reasonable fines
- Impose fees to maintain common areas
- Collect charges for common assessments
Additionally, HOA governing documents can grant further powers such as restrictions on membership, exterior paint colors, fencing, and parking requirements.
Can an HOA Impose Fines on a Homeowner in Mississippi?
In Mississippi, HOAs can impose fines on a homeowner. The HOA’s governing documents will likely note the amount and types of fees in the HOA as well as notice requirements for such fees.
An HOA cannot fine a homeowner for (or generally prohibit installing satellite dishes, antennas, and displaying the American flag as long as it is consistent with federal law.
An HOA’s governing documents may include reasonable rules and regulations regarding the placement and manner of display of the American flag, solar panels, and satellite dishes and antennas.
Can an HOA Take a Homeowner’s House in Mississippi?
There is no state provision in Mississippi on if an HOA can take a homeowner’s house. However, most of the time HOAs can take legal action when the homeowner neglects to pay their dues.
Most places give HOAs the power to place a lien on a property when the owner neglects to pay their dues. If a lien goes unresolved, the HOA can foreclose on the house.
There are two ways an HOA can foreclose on a home:
- Judicial Foreclosure. The HOA files a lawsuit against the homeowner to obtain a court order granting permission to sell the home and settle the HOA lien.
- Nonjudicial Foreclosure. The HOA would not go through state court but simply follow specific procedures listed in their governing documents.
There is also no state provision regarding evicting tenants or homeowners by an HOA. However, if an HOA directly leases a residence to a tenant, they may be able to evict the tenant if the lease was not properly authorized by the HOA.
Otherwise, the HOA may have other powers or restrictions about rental properties in its governing documents.
Can an HOA Enter a Homeowner’s Property in Mississippi?
No section in the Mississippi Code that governs HOAs entering a homeowner’s property. Clauses of if, when, and how an HOA can enter a homeowner’s house will be listed in its governing documents.
Typically, an HOA may be able to enter a homeowner’s property in case of emergency, maintenance, or violation of any rules or regulations.
Except in the case of an emergency, reasonable notice should be provided to the homeowner before the HOA is to enter the property. A reasonable timeline can range depending on the reason for entry between three days and a couple of weeks.
Where Do Homeowners File Complaints Against Their HOA in Mississippi?
The venue for filing a Complaint against an HOA in Mississippi depends on the complaint.
For complaints concerning HOA fees, a homeowner can file a complaint with the Federal Trade Commission or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners may also file in state, northern federal, or southern federal court within one year of the violation date.
If a homeowner feels they are a victim of housing discrimination, they can file a complaint with the U.S. Department of Urban Housing or file a private lawsuit in Mississippi state, northern federal, or southern federal court.
Otherwise, a homeowner with any other complaints can bring a claim in state court in the appropriate county.
Joining and Leaving an HOA in Mississippi
In Mississippi, there is no state provision on joining or leaving an HOA. These processes are determined by the HOA’s governing documents. Documents explaining the HOA and its membership rules should be presented at the closing for a new owner’s home purchase.
Typically, two types of HOAs regulate joining and leaving clauses:
- Mandatory HOAs. When a person buys a home, they automatically become a member required to abide by any HOA rules listed in the governing documents. This usually includes that a homeowner is not able to leave the HOA freely.
- Voluntary HOAs. When a person buys a home, membership is a choice for each homeowner. If they choose to become a member, they may leave at any time by stopping their payments with the HOA.
To leave a mandatory HOA, a homeowner can sell their house or try to petition the court to have their home removed. However, there is no guarantee the petition will be granted.
How to Dissolve an HOA in Mississippi
The dissolution process of an HOA in Michigan may be found in the HOA’s governing documents. If it is not, a vote by HOA members of at least ⅔ in favor of dissolution is required for authorization.
If dissolution is authorized by HOA members, the HOA must distribute its assets and debts. Once distributed, the HOA has to file an Articles of Dissolution with the Mississippi Secretary of State. The HOA is considered fully dissolved upon filing.
Sources
- 1 How to Form a Mississippi Non-Profit Corporation
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- Prepare bylaws for your Mississippi nonprofit corporation
You’ll need to prepare bylaws that comply with Mississippi law and contain the rules and procedures your corporation will follow for holding meetings, electing officers and directors, and taking care of other corporate formalities required in Mississippi. Your bylaws do not need to be filed with the Mississippi Secretary of State — they are your internal operating manual.
Source Link - 2 Miss. Code Ann. § 79-11-151 (2023)
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(p) To impose dues, assessments, admission and transfer fees upon its members… (r) To carry on a business. (s) To do all things necessary or convenient, not inconsistent with law, to further the activities and affairs of the corporation.
Source Link - 3 Over-the-Air Reception Devices Rule (OTARD Rule)
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 4 4 U.S.C. § 5
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A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
Source Link - 5 HOA Liens and Foreclosures: An Overview
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Once a homeowner becomes delinquent on the assessments, an HOA lien will usually automatically attach to that homeowner’s property. The lien typically attaches as of the date the assessments became due. But it could attach as of the date the CC&Rs were recorded or when the HOA recorded a notice of lien in the land records… If an HOA has a lien on a homeowner’s property, it may foreclose even if the home has a mortgage, as permitted by the CC&Rs and state law. The HOA can foreclose either through a judicial or nonjudicial foreclosure, depending on state law and the CC&Rs.
Source Link - 6 When You Must Allow an HOA Representative to Enter Your Unit
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…an HOA representative can enter an owner’s unit in emergency situations, or for health and safety reasons… Many HOAs also have the right to enter an owner’s unit to maintain common elements… An HOA might also have the right to enter an owner’s unit to inspect for a violation of the development’s rules or regulations. Normally this is allowed only if the HOA has good reason to believe a violation is occurring… State statutes commonly require that HOAs provide an owner with “reasonable” notice. What’s considered “reasonable” depends on the situation. For example, prior notice of between three days and a week might be reasonable for an HOA wishing to enter an owner’s unit to perform periodic common area maintenance… if immediate entrance is necessary for health or safety reasons (such as if there is a fire in the unit), minimal or no notice is probably acceptable.
Source Link - 7 Can you refuse to join an HOA?
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… membership in voluntary HOAs is optional… If you enter into a voluntary HOA, you can leave whenever you want by stopping your payments, although you’ll stop receiving the benefits of the HOA… When you buy a house in a community governed by a mandatory HOA, you automatically become a dues-owing HOA member. When you become a member, you stay a member for as long as you own the property or until the HOA is dissolved (which is very rare). At your home’s closing, you will have to sign documents agreeing to abide by the HOAs rules and pay any assessments, fees, or fines associated with the HOA or incurred by violating HOA rules…. Unless you can gain enough support in your community to let you leave the HOA voluntarily, you will have to hire an attorney to try to convince a judge that you should be allowed to leave.
Source Link - 8 Miss. Code Ann. § 79-11-335 (2023)
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(1) Unless Section 79-11-101 et seq., the articles of incorporation, the bylaws or the board of directors or members (acting pursuant to subsection (3) of this section) require a greater vote or voting by class, dissolution is authorized if it is approved: (a) By the board of directors; and (b) By the members, if any, by two-thirds (⅔) of the votes cast, or a majority of the voting power, whichever is less… (4) If the board seeks to have dissolution approved by the members at a membership meeting, the corporation shall give notice to its members of the proposed membership meeting in accordance with Section 79-11-205. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider dissolving the corporation and contain or be accompanied by a copy or summary of the plan of dissolution.
Source Link - 9 Miss. Code Ann. § 79-11-336 (2023)
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(a) All liabilities and obligations of the corporation shall be paid, satisfied and discharged; in case its property and assets are not sufficient to satisfy or discharge all the corporation’s liabilities and obligations, the corporation shall apply them so far as they will go to the just and equitable payment of the liabilities and obligations.
(b) Assets held by the corporation upon condition requiring return, transfer or conveyance, which condition occurs by reason of the dissolution, shall be returned, transferred or conveyed in accordance with such requirements.
Source Link - 10 Miss. Code Ann. § 79-11-337 (2023)
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(1) At any time after dissolution is authorized, the corporation may dissolve by delivering to the Secretary of State articles of dissolution… (2) A corporation is dissolved upon the effective date of its articles of dissolution.
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