Mississippi has no comprehensive Homeowners Association Act. Non-condo HOAs are governed by their own recorded Declaration of Covenants, Conditions and Restrictions, their bylaws, and the general Mississippi Nonprofit Corporation Act, Miss. Code Ann. §§ 79-11-101 to 79-11-407. Mississippi's only community-association-specific statute is its Condominium Law (§§ 89-9-1 et seq.), which by its own terms doesn't reach a platted subdivision of detached homes — a gap that runs through every topic below.
Fines: what your HOA can and can't charge
No Mississippi statute grants, caps, or regulates HOA fine authority. Fines have to trace back to authority actually granted in your declaration, and Mississippi courts read restrictive covenants strictly — a board can't expand its own enforcement power by simple resolution if the declaration reserves that kind of rule-change to the members. There's no statutory cap and no statutory hearing right for non-condo HOAs.
See our guide on how to fight an HOA fine for the general playbook.
Unpaid assessments, liens, and foreclosure
Mississippi condo associations get an explicit statutory lien with a cross-reference to the state's non-judicial power-of-sale foreclosure statute — non-condo HOAs get neither. Any lien right a Mississippi HOA has exists only because the declaration itself creates one. The Mississippi Supreme Court's 2023 decision in Loblolly Properties v. Le Papillon Homeowner's Ass'n confirmed that a properly recorded declaration's dues covenant "runs with the land" and binds later purchasers — but that decision, and Mississippi lien-priority doctrine generally, has been criticized by commentators as an outlier, so treat it as informative rather than fully settled.
Because Mississippi's non-judicial power-of-sale statute applies only to mortgages and deeds of trust by its own terms, and there's no cross-reference extending it to bare HOA liens, the safer and more commonly used path is judicial foreclosure of the lien, or simply suing for a money judgment on the debt. Absent a rate set in your declaration, Mississippi's general legal-interest default is 8% per year.
More on this in our guide to what happens if you don't pay HOA dues.
Meetings and quorum
The Nonprofit Corporation Act supplies the defaults: meeting notice must go out 10 to 60 days ahead (or 30 to 60 days if sent by other than first-class or registered mail), and default quorum is 10% of the votes entitled to be cast, unless your bylaws set something different. Members holding at least 5% of the voting power can petition for a special meeting.
Board elections
There's no Mississippi-specific HOA election statute — no felony bar, no delinquency disqualification, no mandated secret ballot. All of that falls to the bylaws, with the Nonprofit Corporation Act filling gaps on mechanics like proxy voting and director removal (generally, a director can be removed by whatever vote it would have taken to elect them).
For the general mechanics, see how HOA board elections work.
Buying a home in a Mississippi HOA
That said, there's no dedicated HOA resale certificate or financial-disclosure statute — no requirement to hand over the declaration, bylaws, budget, or reserve information before closing. And the disclosure requirement only applies when a licensed broker is involved; a private, unrepresented (FSBO) sale falls outside it entirely.
See our full buying checklist for homes in an HOA before you make an offer.
Need help with a Mississippi HOA issue? Find an HOA attorney in Mississippi, or find a management company in Mississippi.