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.
- 1 How to Form a Mississippi Non-Profit Corporation
- 2 Miss. Code Ann. § 79-11-151 (2023)
- 3 Over-the-Air Reception Devices Rule (OTARD Rule)
- 4 4 U.S.C. § 5
- 5 HOA Liens and Foreclosures: An Overview
- 6 When You Must Allow an HOA Representative to Enter Your Unit
- 7 Can you refuse to join an HOA?
- 8 Miss. Code Ann. § 79-11-335 (2023)
- 9 Miss. Code Ann. § 79-11-336 (2023)
- 10 Miss. Code Ann. § 79-11-337 (2023)