For volunteer board members
Mississippi HOA Rules for Board Members (2026)
New to a Mississippi HOA or condo board? Before you send a violation letter or set a fine, it helps to know what the law actually says. Here are the Mississippi rules in plain words, each with its statute section and a link to the official text.
Mississippi HOAs, property owners' associations and condominiums. Mississippi has no general HOA statute that sets notice, cure, hearing or fine steps, so your recorded declaration (or covenants and restrictions), bylaws and rules are the rulebook. Incorporated associations also follow the Nonprofit Corporation Act (meetings, records, member suspensions); incorporated, tax-exempt HOAs follow the HOA money rules (§§79-11-751 to -761); condominiums with a recorded plan follow the Condominium Law; the federal U.S. flag law reaches every association. Kindly Board follows a fair notice-and-hearing process as good practice and says so wherever a step comes from your documents.
The short version: Mississippi law sets no periods for these steps, so Kindly Board uses the dates from your notice (your documents set them). If a deadline falls on a weekend or holiday, ask a Mississippi attorney.
Updated October 2026. Not legal advice.
Which Mississippi law applies
Mississippi has no single general homeowners' association statute. No Mississippi statute sets an HOA's violation-notice contents, delivery method, cure period, hearing process or deadline, or a fine cap or fine procedure. The violation process comes from your recorded declaration (or covenants and restrictions), bylaws, rules and enforcement policy; your documents control. A few state laws fill in the rest, depending on whether you're incorporated, tax-exempt or a condominium.
Miss. Code §§79-11-751 to -761, §79-11-101 ff., §89-9-1 ff. (no violation procedure)
The Mississippi Nonprofit Corporation Act applies to an association that is incorporated as a Mississippi nonprofit corporation. It covers meetings, records and member suspensions, not violation notices or fines.
HOA money safeguards (Miss. Code §§79-11-751 to -761) apply only to a homeowners' association that is a Mississippi nonprofit corporation AND exempt from federal income tax. For those: unless your documents are stricter, the board reviews the latest bank statements for the operating and reserve accounts at every regularly scheduled board meeting (or every board member individually, or the treasurer plus at least one other board member, outside a meeting, ratified at the next meeting and noted in its minutes); a transfer of more than $10,000 of the association's combined reserve and operating deposits needs prior board approval; and the association keeps fidelity bond or comparable coverage unless a majority of the board votes at a meeting not to. A managing agent must keep association funds in a separate insured trust account (or an account in the association's name), never mixed with its own. If you aren't sure these sections reach your association, ask a Mississippi attorney.
Miss. Code §§79-11-751(7), -753(1), -755, -757, -759, -761 (HB 933, Laws 2022 ch. 361)
The Mississippi Condominium Law applies to a condominium only once a plan (survey map, floor plans and consent certificate) is recorded with the chancery clerk. The recorded declaration of restrictions binds every owner and, where reasonable, its restrictions are enforceable; unless it says otherwise any unit owner may enforce them, and it may give the management body (the owners, a board of governors or a management agent) the power to enforce them. The declaration may also regulate sales and leases of units. It sets no violation-notice, hearing or fine procedure.
Mississippi law sets no fine cap, late-fee cap, fine procedure or fine appeal for HOAs or condominiums; fines come only from your governing documents, in the amount and way they allow.
How Mississippi counts days
Mississippi law sets no cure, hearing-request, hearing-notice or fine periods for HOA violations, so Kindly Board counts no statutory days. Dates come from your documents and your notice. Kindly Board makes no weekend or holiday claim: if a deadline falls on a weekend or holiday, ask a Mississippi attorney.
A member of a nonprofit corporation may not be expelled or suspended, or a membership ended or suspended, except under a fair and reasonable procedure carried out in good faith. A procedure is fair and reasonable if the articles or bylaws give at least 15 days' prior written notice with the reasons, and a chance to be heard, orally or in writing, at least 5 days before the effective date by a person authorized to stop it; or if it is fair and reasonable considering all the facts. Mailed notice goes first-class or certified to the member's last address on record. A challenge must be brought within 1 year after the effective date. A suspended member may still owe dues and assessments. Whether suspending an owner's voting or amenity rights counts as a suspension under this section isn't stated: use the 15-day notice and 5-day hearing for any suspension, and ask a Mississippi attorney.
Violation notices and the chance to fix in Mississippi
Mississippi law sets no cure period for an HOA or condominium violation; your documents control. 10 to 30 days is common practice, not a legal rule.
Mississippi law sets no required contents or delivery method for a violation notice; your documents control.
Hearings in Mississippi
Mississippi law sets no hearing right, hearing deadline or hearing-notice period before an HOA or condominium fine; your documents control. A fair standard many boards borrow from the nonprofit suspension rule (Miss. Code §79-11-189): at least 15 days' written notice with the reasons, and a chance to be heard at least 5 days before any penalty takes effect. That's practice for fines, not a Mississippi rule; for a suspension of an incorporated association's member it is the statute's own safe harbor.
Miss. Code §79-11-101 ff., §89-9-1 ff. (no procedure set); §79-11-189
Assessments, late fees and liens in Mississippi
No Mississippi statute gives an ordinary (non-condominium) HOA a lien for assessments or fines. Whether and how your association can collect or record a lien depends on your recorded declaration; ask a Mississippi attorney before any lien, foreclosure or lawsuit step.
Miss. Code §89-9-21 (condominiums only); no HOA lien statute
Meetings and votes in Mississippi
Board meetings (incorporated associations): unless the articles or bylaws say otherwise, regular board meetings may be held without notice, and special board meetings need at least 2 days' notice of the date, time and place; the purpose need not be stated unless the articles or bylaws require it.
For incorporated, tax-exempt HOAs covered by §79-11-751: unless your documents prohibit it, the board may hold any regular or special board meeting, or a members' meeting, by electronic transmission or other remote communication, or a mix. For any incorporated association, unless the articles or bylaws say otherwise, directors may meet by any means that lets all participating directors hear each other at the same time, and they count as present.
Members' meetings (incorporated associations): the annual meeting is held at a time the bylaws set, and the president and chief financial officer report on activities and finances. Notice must be fair and reasonable and consistent with the bylaws; notice of the place, date and time given no fewer than 10 days (30 days if mailed other than first-class or registered mail) and no more than 60 days before the meeting is fair and reasonable. A special-meeting notice describes the matters it is called for, and only those may be acted on. Members with at least 5% of the voting power may demand a special meeting in writing.
Records in Mississippi
Records (incorporated associations): minutes of member and board meetings are permanent records. The association keeps at its principal office its articles, bylaws, board resolutions on members' rights, member-meeting minutes and member actions for the past 3 years, written communications to members for the past 3 years, a list of current directors and officers, and its most recent annual report to the Secretary of State. A member may inspect and copy those on written notice at least 5 business days ahead; accounting records, excerpts of board minutes and the membership list also need a good-faith demand for a proper purpose. A member's agent or attorney has the same rights, and the association may charge a reasonable fee, no more than the cost of producing the copies.
Miss. Code §§79-11-283(1), (5) (as amended by HB 1344, Laws 2024 ch. 449), -285, -287
Flags, signs, solar and other owner rights
Mississippi has no statute limiting HOA rules about flags, solar panels, political or yard signs, or EV chargers, and none setting a deadline or a deemed-approved rule for architectural requests; your documents control. Federal law protects display of the U.S. flag (Pub. L. 109-243).
Federal law: a condominium association, cooperative association or residential real estate management association may not adopt or enforce a policy, or enter an agreement, that restricts a member from displaying the U.S. flag on residential property the member owns or exclusively uses. Display must still follow proper flag display rules, and reasonable time, place and manner restrictions needed to protect a substantial interest of the association are allowed.
Freedom to Display the American Flag Act of 2005, Pub. L. 109-243, §§3-4
Other rules boards should know
Every Mississippi nonprofit corporation files an annual report with the Secretary of State before May 15 of each year (no fee). Not filing can lead to dissolution.
A covenant requiring a transfer fee on a future sale is void, with exceptions, including a fee payable to a property owners' association (or its managing agent) that manages or regulates the subdivision, if the subdivision has more than one platted lot and the right is in a deed restriction or covenant filed in the public land records.
Step by step: a Mississippi violation case
The order Kindly Board walks a Mississippi board through, from the first look to the last letter.
- Check before you start Every case
Your documents are the rulebook: find the rule, the steps and the fine power. - Courtesy reminder Optional
A friendly first note before any formal notice. - Formal notice of violation Before any fine (per your documents; good practice)
The rule, the facts, the fix-by date and how to be heard, the way your documents require. - Hearing (if the owner asks, or your documents require one) Per your documents (good practice before any fine)
A fair chance to be heard before the Board decides. - Board vote on the fine Before a fine
A fine your documents allow, voted the way your bylaws require. - Notice of fine After the vote
Amount, due date, how to pay, and the rule behind it. - Close the case Every case
Record how it ended and keep the file.
Mississippi HOA rules: FAQ
What HOA law applies in Mississippi?
Mississippi HOAs, property owners' associations and condominiums. Mississippi has no general HOA statute that sets notice, cure, hearing or fine steps, so your recorded declaration (or covenants and restrictions), bylaws and rules are the rulebook. Incorporated associations also follow the Nonprofit Corporation Act (meetings, records, member suspensions); incorporated, tax-exempt HOAs follow the HOA money rules (§§79-11-751 to -761); condominiums with a recorded plan follow the Condominium Law; the federal U.S. flag law reaches every association. The main sources: your recorded documents (Mississippi has no general HOA statute; HOA money rules, Miss. Code §§79-11-751 to -761, the Nonprofit Corporation Act and the Condominium Law).
How are days counted for Mississippi HOA deadlines?
Mississippi law sets no periods for these steps, so Kindly Board uses the dates from your notice (your documents set them). If a deadline falls on a weekend or holiday, ask a Mississippi attorney.
What does Mississippi law say about violation hearings?
Mississippi law sets no hearing right, hearing deadline or hearing-notice period before an HOA or condominium fine; your documents control. A fair standard many boards borrow from the nonprofit suspension rule (Miss. Code §79-11-189): at least 15 days' written notice with the reasons, and a chance to be heard at least 5 days before any penalty takes effect. That's practice for fines, not a Mississippi rule; for a suspension of an incorporated association's member it is the statute's own safe harbor. (Miss. Code §79-11-101 ff., §89-9-1 ff. (no procedure set); §79-11-189)
Can Mississippi owners see the association's records?
Records (incorporated associations): minutes of member and board meetings are permanent records. The association keeps at its principal office its articles, bylaws, board resolutions on members' rights, member-meeting minutes and member actions for the past 3 years, written communications to members for the past 3 years, a list of current directors and officers, and its most recent annual report to the Secretary of State. A member may inspect and copy those on written notice at least 5 business days ahead; accounting records, excerpts of board minutes and the membership list also need a good-faith demand for a proper purpose. A member's agent or attorney has the same rights, and the association may charge a reasonable fee, no more than the cost of producing the copies. (Miss. Code §§79-11-283(1), (5) (as amended by HB 1344, Laws 2024 ch. 449), -285, -287)
Official text
- Mississippi Nonprofit Corporation Act, Miss. Code §79-11-101 ff. (Official Code of Mississippi Annotated, Release 78, 2020; later amendments read in the Legislature's bill texts)
- Mississippi Condominium Law, Miss. Code §89-9-1 ff., and §89-1-69 (Official Code of Mississippi Annotated, Release 78, 2020; no later amendment)
- HB 933 (2022), As Sent to Governor: HOA managing agents and financial reviews, Miss. Code §§79-11-751 to -761 (Laws 2022 ch. 361, eff. July 1, 2022)
- HB 1344 (2024), As Sent to Governor: nonprofit annual report; amends Miss. Code §79-11-283 (Laws 2024 ch. 449, eff. July 1, 2024)
- Freedom to Display the American Flag Act of 2005, Pub. L. 109-243