Recording, enforcement and provisions of declaration of restrictions
- Statute:
- Mississippi §89-9-17 · Chapter CONDO (Mississippi Condominium Law (Miss. Code §§ 89-9-1 to 89-9-37))
- Topic:
- Governing Documents · Declaration of restrictions
- Applies to:
- Condo associations
Before any condominium is conveyed, the owner of the project must record a declaration of restrictions. Those restrictions are enforceable equitable servitudes where reasonable and bind every owner; unless the declaration says otherwise, any owner may enforce them. A reasonable amendment made on the vote or consent of not less than a majority in interest of the owners, after reasonable notice, binds every owner — including one whose burdens increase and who did not consent. The declaration may provide for a management body, insurance, maintenance, an independent audit, and reasonable assessments levied on each condominium in proportion to its fractional interest in the common area unless otherwise provided.
📄 Read the official text at lexisnexis.com →
How SoShiny helps with Recording, enforcement and provisions of declaration of restrictions
SoShiny is built around the Florida statutes from day one. The features that help you comply with this section are part of every plan — no add-ons, no per-document fees.
See the feature → Start freeFrequently asked
- What does Mississippi §89-9-17 require?
- Before any condominium is conveyed, the owner of the project must record a declaration of restrictions. Those restrictions are enforceable equitable servitudes where reasonable and bind every owner; unless the declaration says otherwise, any owner may enforce them. A reasonable amendment made on the vote or consent of not less than a majority in interest of the owners, after reasonable notice, binds every owner — including one whose burdens increase and who did not consent.
- Who does Mississippi §89-9-17 apply to?
- Mississippi §89-9-17 applies to Condo associations in Mississippi.
- What happens if our condo doesn't comply with §89-9-17?
- Non-compliance can expose the association and individual directors to disputes in the governing forum for Mississippi community associations. SoShiny's audit trail and documented workflows are designed to demonstrate good-faith compliance.
- Where can I read the official text of Mississippi §89-9-17?
- The official text is published by the Mississippi Legislature at lexisnexis.com. The summary on this page is for plain-English reference only and is not legal advice.
- How does SoShiny help with Recording, enforcement and provisions of declaration of restrictions?
- SoShiny is built around the Florida statutes from day one. The features that help you comply with this section are part of every plan — no add-ons, no per-document fees. Learn more →
Not legal advice. This page is a plain-English summary of Mississippi §89-9-17 prepared by SoShiny for board members and managers. For binding legal advice or interpretation, consult a Mississippi-licensed attorney. For the official statutory text, see the link above.
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