Mississippi has no general HOA assessment statute, so a standard subdivision HOA's lien and foreclosure powers come from its recorded declaration. Condominiums are different: Miss. Code § 89-9-21 makes a reasonable assessment a debt and a recorded lien that may be enforced by sale under the power-of-sale rules in § 89-1-55.
For condominiums, Miss. Code § 89-9-21 provides that "a reasonable assessment upon any condominium made in accordance with a recorded declaration of restrictions ... shall be a debt of the owner." It becomes a lien when the management body records a notice of assessment with the chancery clerk; the lien is "prior to all other liens recorded subsequent to the recordation," unless the declaration subordinates it. The lien "may be enforced by sale" conducted under Section 89-1-55, the power-of-sale provision for mortgages and deeds of trust. Mississippi has no equivalent statute for ordinary subdivision HOAs, which operate under the Nonprofit Corporation Act (§ 79-11); their lien and foreclosure rights exist only if granted by the recorded declaration.
A condo owner who fails to pay an assessment faces a recorded lien plus interest, costs, attorney fees and penalties allowed by the declaration, and ultimately a nonjudicial sale of the unit under Miss. Code § 89-9-21 and § 89-1-55. For non-condo HOAs, remedies depend entirely on the declaration.
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