Homeowners’ associations in Mississippi are not governed or regulated by any government act. The Mississippi Condominium Law regulates condominium management but those regulations do not apply to HOAs. The Mississippi Nonprofit Corporation Act applies to any incorporated common interest community.
Since there are no formal regulations regarding HOAs, community rules can vary drastically. Community associations have the freedom to create and enforce as many or as few regulations as they desire so long as they do not contradict any federal or state laws. Typically, homeowners will sign a contract to join an HOA upon purchase of property within a common interest community. At that point, they are obligated to abide by any rules set forth by the association.
Homeowners Association’s Rights and Responsibilities
The initial board of directors must create and adopt the Articles of Incorporation and Bylaws, the governing documents for the HOA, and file them with the secretary of state to become a legal entity. Additional bylaws may also be created to provide special powers such as calling meetings, reaching quorums, and/or additional or substitute directors in the case of emergency.
The homeowners’ association has the right to collect regular assessments as described by community regulations. If an account becomes overdue, the HOA may impose liens on the property and in extreme cases, can even foreclose on the property despite on-time mortgage payments.
There can be no less than three members on the board of directors at any time. Board members may resign at any time with written notice. If there are any vacancies, the board may appoint a new member to fill the position unit the next election.
It is the responsibility of the board of directors to maintain detailed community records including:
Minutes to all official meetings.
Records of all actions taken by the association.
Appropriate accounting records.
A record of members.
Articles of incorporation, bylaws, resolutions, and any amendments made.
Written communication to all members within the past three years.
All community documents must be made reasonably available to association members. Copies must be made and sent upon written request. The HOA may charge the homeowner for any expenses required to make copies.
Member meetings are to take place annually, if not more frequently, as described by community bylaws. At these meetings, homeowners are expected to elect board members and to discuss any proposed changes. Special meetings may be called at any time by the board of directors or by a petition signed by 5% of the voting power. Notice for member meetings is required at least 10 days, but no more than 60 days before the event. If notice is sent through the mail, at least 30 days’ notice is required.
Any amendments to the community declaration or bylaws must be approved by homeowners with a majority vote at a member meeting. An action can be approved without a meeting if 80% of the voting power provides written approval of the action.
Unless otherwise stated in community bylaws, each association member is allowed one vote. Ten percent of the voting power reaches quorum at member meetings.
Community Association Law in MS
HOA rules in Mississippi vary widely. It is important to read and understand all community regulations before purchasing property in an HOA-managed community. Most homeowners’ associations require the signing of a contract upon purchase.
To ensure that your community association is being run following all state and local laws, it helps to have a professional on your side. CSM has a team of experienced professionals that have worked with communities in almost every state in the US. Specializing in HOA financial management, we can help your board of directors manage association finances, write and submit documents, and prepare for audits. If you have any questions regarding state HOA laws and regulations, give us a call at (865) 315-7505, contact us online or email us at email@example.com.