Unlike other states, Mississippi does not have statutes specifically regulating homeowners associations. But, there are some other laws that can affect them. Here are the Mississippi HOA laws you should know about.
Mississippi Condominium Law
The Mississippi Condominium Law applies to condominium associations rather than homeowners associations. This statute controls the creation, operation, management, and authority of condominiums in the state.
You can find the Mississippi Condominium Law under Title 89, Chapter 9 of the Mississippi Code. It consists of 19 sections, listed below:
- Citation of chapter.
- Purpose of chapter.
- Definitions.
- Condominium constitutes real property.
- Recordation of plan; amendment or revocation.
- Conveyance of unit or apartment, etc., which is part of unit presumed to convey entire condominium.
- Incidents of condominium grant.
- Partition of common areas or of tenancy in common in condominium.
- Recording, enforcement and provisions of declaration of restrictions.
- Restrictions on sales and leases of units in project; first refusal of management not mandatory.
- Liability of owner for assessment upon condominium; lien on assessed condominium; recording, priority, enforcement, etc., of lien.
- Lien for labor performed or services or materials furnished.
- Acquisition, etc., of personal property by management body for benefit of condominium owners; transfer of beneficial interest.
- Construction of deed, declaration, or plan for condominium project.
- Liabilities of unit owners.
- Taxes and special assessments; provisions of declaration enforceable after foreclosure of assessment, tax deed, etc.; exemption as homestead.
- Construction of local zoning ordinances.
- Action for partition of condominium project by sale thereof.
- Action for partition of condominium project by sale; venue; powers of court; sale.
Mississippi HOA Laws on Corporate Governance
The Mississippi Nonprofit Corporation Act applies to non-profit corporations in the state. It covers the corporate structure, procedure, and management of non-profits, which most homeowners associations in Mississippi are. Because there is no law specifically reserved for HOAs, such associations are governed by this Act instead.
You can find the Mississippi Nonprofit Corporation Act under Title 79, Chapter 11 of the Mississippi Code. It consists of several sections, listed below:
- Short title.
- Amendments and repeals.
- Requirements for filing of documents.
- Secretary may prescribe forms.
- Filing fees; fee for serving process upon Secretary of State; fees for copying and certifying copy of filed document.
- Effective date of filed documents.
- Correction of filed documents.
- Secretary of State to file documents; refusal to file document; filing of documents as ministerial.
- Appeal of refusal to file document.
- Certified copy of document as conclusive evidence of filing.
- Certificate of existence, application for; contents of; conclusive evidence of good standing.
- Signing false document which is to be filed as offense; penalty.
- Secretary granted power to perform duties.
- Definitions.
- Notice, types; when effective; how addressed; electronic communications.
- Petition to chancery court for alternative method for calling or conducting meeting of corporation members, delegates, or directors, or for obtaining their consent.
- Notice to Attorney General of commencement of certain proceedings.
- Persons who may act as incorporators.
- Contents of articles of incorporation.
- When corporate existence begins; filing of articles of incorporation as conclusive proof that conditions of incorporation satisfied.
- Liability for purporting to act for corporation where incorporation has not occurred.
- Organizational meeting after incorporation; written consents in lieu of organizational meeting.
- Bylaws.
- Emergency bylaws; emergency defined.
- Activities for which corporations may be organized.
- Powers of corporation.
- Emergency powers of board of directors; notice during emergency; officers may be deemed directors during emergency; effect of emergency corporate action; emergency defined.
- Challenge to corporation’s power to act.
- Corporate name.
- Reserving exclusive use of corporate name; transferring reserved corporate name.
- Registration of foreign corporation’s corporate name; renewal of registration of corporate name; transfer of corporate name.
- Requirement that corporation maintain registered office and registered agent within state [Repealed effective January 1, 2013].
- Change of registered office or registered agent of corporation [Repealed effective January 1, 2013].
- Resignation of registered agent’s agency [Repealed effective January 1, 2013].
- Registered agent as agent for service of process, notice, or demand; service upon secretary of corporation at principal office; when service perfected [Repealed effective January 1, 2013].
- Admission of person as member of corporation.
- Consideration for admission of members to corporation.
- Corporation not required to have members.
- Rights and obligations of members.
- Transfer of membership or right arising therefrom.
- Liability of members for acts, debts, liabilities, or obligations of corporation.
- Liability of members for dues, assessments or fees.
- Actions by creditors to reach liability of member to corporation.
- Resignation of member.
- Expulsion or suspension of member or termination or suspension of membership.
- Purchase by corporation of membership of member who resigns or whose membership is terminated.
- Proceedings brought on behalf of domestic or foreign corporation.
- Delegates.
- Annual membership meeting.
- Special meetings of members.
- Court-ordered meeting of members.
- Approval of action by members without holding meeting of members.
- Notice of meetings of members; notice of adjourned meetings.
- Waiver of notice requirements by member.
- Record date.
- Corporate action taken by ballot without meeting.
- Preparation of list of members entitled to notice of meeting and members entitled to vote at meeting; list to be open for inspection; court may order inspection and copying of lists.
- Each member to have one vote.
- Quorum requirements.
- Votes required for member action.
- Voting by proxy.
- Cumulative voting.
- Method of election of directors.
- Acceptance or rejection of vote, consent, waiver or proxy appointment.
- Voting agreements between members.
- Board of directors; persons authorized to exercise some or all of powers of board.
- Qualifications for directors.
- Number of directors.
- Election, appointment or designation of directors.
- Term of office of directors.
- Staggering terms of directors.
- Resignation of director.
- Removal of directors.
- Removal of designated director or appointed director.
- Removal of director by court proceeding.
- Filling of vacancy in board of directors.
- Compensation of directors.
- Meetings of board of directors.
- Action taken by board of directors without meeting.
- Notice of regular and special meetings of board of directors.
- Waiver of notice of meeting of board of directors.
- Quorum of board of directors; director present at meeting deemed to have assented to action taken; exceptions.
- Committees of board of directors.
- Director to act in best interests of corporation; director’s reliance upon others for information; liability of directors.
- Conflict of interest transaction.
- Liability of director for unlawful distribution.
- Officers of corporation.
- Duties of officers.
- Officers to act in best interests of corporation; reliance upon others for information; liability of officers.
- Resignation or removal of officer.
- Contract rights between officer and corporation.
- Indemnification of director, officer, employee, or agent.
- Restrictions on corporate loans; borrower’s liability.
- Recordkeeping requirements.
- Members’ right to inspect and copy corporation records; requirements.
- Conditions on right to inspect; member’s agent or attorney has right to inspect and copy records; means of copying records; charges for copying documents by corporation; lists which satisfy demand for record of members.
- Court-ordered inspection where corporation does not allow member to inspect and copy records.
- Restrictions on use of membership lists.
- Authorization for making distributions; conditions for corporation to purchase memberships.
- Authorization to amend articles of incorporation.
- Amendment of articles of incorporation prior to corporation’s acquisition of members.
- Amendments to articles of incorporation which may be adopted by board of directors without action by members.
- Procedures for making amendments to articles of incorporation.
- Amendments to articles affecting members of class to be voted on by members of such class.
- Filing of amendments to articles of incorporation.
- Restatement of articles of incorporation.
- Amendments to articles of incorporation to carry out court ordered reorganization.
- Amendments to articles of incorporation not to affect legal status of corporation.
- Adoption of amendments to bylaws where corporation has no members.
- Approval of amendments to bylaws where corporation has members.
- Amendments to bylaws affecting class of members to be voted on by such class.
- Plan of merger of corporations.
- Approval of plan of merger; abandonment of plan of merger.
- Filing of articles of merger.
- Effects of merger.
- Merger of foreign corporation with domestic corporation.
- Sale, lease, exchange, or other disposition of property in regular course of business; mortgaging or otherwise encumbering property.
- Sale, lease, exchange, or other disposition of property not in regular course of business.
- Dissolution by incorporators or directors of corporation that has no members.
- Approval of dissolution by board of directors or members; notice requirements.
- Application and distribution of assets of voluntarily dissolving corporation.
- Contents and filing of articles of dissolution.
- Revocation of dissolution.
- Winding up and liquidation.
- Disposition of known claims against dissolved corporation.
- Notice of dissolution and request for presentation of claims against corporation; statute of limitations; enforcement of claims.
- Administrative dissolution by Secretary of State, grounds for.
- Administrative dissolution, procedures.
- Reinstatement after administrative dissolution.
- Denial of application for reinstatement following administrative dissolution; appeals.
- Dissolution by court order; parties who may bring action; grounds for court-ordered dissolution.
- Court-ordered dissolution, venue; appropriate party defendants; authority of court with respect to.
- Issuance of injunctions; appointment of receivers or custodians; application and distribution of corporation assets or proceeds from sale or other disposition.
- Decree of judicial dissolution.
- Foreign corporations, authority to transact business; transacting business defined.
- Foreign corporation transacting business without certificate of authority not to maintain proceeding in any court; stay of proceeding until certificate obtained; penalty for transacting business without certificate of authority.
- Foreign corporation, application for certificate of authority.
- Foreign corporation, amended certificate of authority.
- Effect of certificate of authority.
- Corporate name of foreign corporation.
- Registered office and registered agent of foreign corporation [Repealed effective January 1, 2013].
- Change of registered office or registered agent of foreign corporation [Repealed effective January 1, 2013].
- Resignation of registered agent of foreign corporation [Repealed effective January 1, 2013].
- Service of process, demand or notice on foreign corporation.
- Withdrawal of foreign corporation.
- Revocation of certificate of authority of foreign corporation, grounds.
- Issuance of certificate of revocation.
- Appeal of revocation.
- Status report of corporation.
- Rural water companies, special requirements.
- Rural waterworks corporations; financial reports; contents; notice; failure to file report; notice of annual meeting.
- Application to pre-existing domestic nonprofit, nonshare corporations.
- Application to pre-existing foreign corporations authorized to transact business.
- Effect of repeal of prior statutes.
- Application to religious corporations.
- Certain provisions inapplicable to religious corporations; religious doctrine controlling in case of inconsistencies.
- Nonprofit corporation to notify Secretary of State of determination, suspension or revocation of exemption from tax as Section 501(c)(3) organization.
