Mississippi §89-9-35

Action for partition of condominium project by sale thereof

Statute:
Mississippi §89-9-35 · Chapter CONDO (Mississippi Condominium Law (Miss. Code §§ 89-9-1 to 89-9-37))
Topic:
Governing Documents · Partition by sale
Applies to:
Condo associations

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 on one of these showings: (1) three years after damage that rendered a material part unfit, the project has not been rebuilt substantially; (2) three-fourths or more of the project is destroyed or substantially damaged and owners holding more than 50 percent of the common areas oppose repair; (3) the project is more than 50 years old, obsolete and uneconomic, and owners holding more than 50 percent of the common areas oppose repair; or (4) conditions for partition by sale in the declaration have been met.

partition by sale; three years; three-fourths; fifty percent; fifty years; obsolete

📄 Read the official text at lexisnexis.com →

How SoShiny helps with Action for partition of condominium project by sale thereof

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.

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Frequently asked

What does Mississippi §89-9-35 require?
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 on one of these showings: (1) three years after damage that rendered a material part unfit, the project has not been rebuilt substantially; (2) three-fourths or more of the project is destroyed or substantially damaged and owners holding more than 50 percent of the common areas oppose repair; (3) the project is more than 50 years old, obsolete and uneconomic, and owners holding more than 50 percent of the common areas oppose repair; or (4) conditions for partition by sale in the declaration have been met.
Who does Mississippi §89-9-35 apply to?
Mississippi §89-9-35 applies to Condo associations in Mississippi.
What happens if our condo doesn't comply with §89-9-35?
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 §89-9-35?
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 Action for partition of condominium project by sale thereof?
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 §89-9-35 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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