Mississippi · Chapter CONDO
Mississippi Condominium Law (Miss. Code §§ 89-9-1 to 89-9-37) — Plain-English Summary
Every section of this body of law translated into plain English for Mississippi board members and homeowners.
General provisions
-
§89-9-1
Names this chapter the Mississippi Condominium Law. Mississippi condos live here. There is no statewide HOA statute — a subdivision of separately owned lots …
-
§89-9-3
Gives statutory recognition to the condominium form of ownership. It does not repeal other law except where that law actually conflicts with this chapter, an…
-
§89-9-5
Defines condominium as a form of ownership in which units of improvements are owned by different owners and each unit has an undivided share in the common ar…
-
§89-9-7
A condominium is an estate in real property: an undivided interest in common in a portion of a parcel plus a separate interest in space in a residential, ind…
Creation and declaration
-
§89-9-11
Unless the instrument expressly says otherwise, transferring a unit — or an apartment, office, or store that is part of a unit — is presumed to transfer the …
-
§89-9-13
Unless the deeds, declaration, or plan say otherwise: unit boundaries are the interior surfaces of perimeter walls, floors, ceilings, windows, and doors; bea…
-
§89-9-15
Except as provided in §89-9-35, the common areas stay undivided and there is no judicial partition of them. Co-owners of a single condominium may still parti…
-
§89-9-17
Before any condominium is conveyed, the owner of the project must record a declaration of restrictions. Those restrictions are enforceable equitable servitud…
-
§89-9-19
The declaration may regulate sales and leases of units, and those covenants are valid. It is not mandatory that the management body be given a first right or…
-
§89-9-9
This chapter applies only if a plan is recorded with the chancery clerk of the county: a description or survey map of the land, diagrammatic floor plans deta…
Assessments, liens, and liabilities
-
§89-9-21
A reasonable assessment under a recorded declaration is a debt of the owner when it is made. It becomes a lien on the condominium only when the management bo…
-
§89-9-23
Work or materials requested by one condominium owner are not a lien on anyone else's condominium unless that other owner expressly consented — emergency repa…
-
§89-9-25
Unless the declaration says otherwise, the management body may acquire, hold, and dispose of personal property for the benefit of the condominium owners. Ben…
-
§89-9-27
Any deed, declaration, or plan for a condominium project is liberally construed to facilitate operation of the project. Its provisions are presumed independe…
-
§89-9-29
An owner's liability for common expenses is limited to the amounts assessed from time to time under this chapter and the declaration. Owners have no personal…
Taxes, zoning, and partition
-
§89-9-31
Property taxes and special assessments are assessed against the unit and the common areas, not the project as a whole. Each unit and common areas are separat…
-
§89-9-33
Unless a contrary intent is clearly expressed, a local zoning ordinance treats like structures, lots, or parcels alike whether ownership is divided by sale o…
-
§89-9-35
One or more condominium owners may sue to partition the entire project by sale, as if all owners were tenants in common in their common-area shares, but only…
-
§89-9-37
The partition-by-sale action is brought in the chancery court of a county where the project or some part of it sits. Ordinary partition-by-sale rules apply a…
Frequently asked about Chapter CONDO
- What is Mississippi Chapter CONDO?
- Mississippi Chapter CONDO — the Mississippi Condominium Law (Miss. Code §§ 89-9-1 to 89-9-37) — is the body of law that governs how every Mississippi condo is structured, operated, and held accountable. It covers governance, voting, records, assessments, fining, and most of the day-to-day legal questions a board will face.
- How many sections are in Chapter CONDO?
- Chapter CONDO contains 19 sections in this reference. Each is summarized in plain English on its own page, with links to the official text at lexisnexis.com.
- Is the summary on this site legal advice?
- No. These pages are plain-English summaries prepared by SoShiny for board members and managers. For binding legal advice or interpretation of how a section applies to your specific situation, consult a Mississippi-licensed attorney.
- How often does Mississippi Chapter CONDO change?
- The Mississippi Legislature can amend any chapter in any session. We update these summaries when we re-import the official text — see the 'Last updated' date on each section page.
- Does SoShiny enforce Chapter CONDO for me?
- No software 'enforces' a statute — but SoShiny is built around it. Voting, meeting minutes, records access, fining workflow, and audit trails are designed to meet this body of law's requirements out of the box, so the board can demonstrate good-faith compliance if challenged.
Running a condo in Mississippi?
SoShiny is built around Chapter CONDO from day one — every feature on every plan.
Start your community free →