Mississippi Statewide Rule

Mississippi HOA & Condo Assessments: Statutory Lien for Condos Under Miss. Code § 89-9-21

Few RestrictionsApplies statewide across Mississippi (2026)

Key Facts

General HOA assessment statute: None - subdivision HOA liens depend on the recorded declaration
Condo lien: Yes - on the unit under Miss. Code § 89-9-21 once a notice of assessment is recorded
Condo foreclosure: Yes - sale under power-of-sale rules of § 89-1-55
Lien recording: Notice of assessment filed with the county chancery clerk
Lien priority: Over later-recorded liens unless declaration subordinates it

Last verified: September 5, 2026

Summary

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.

A. The liability of the owner of a unit for common expenses shall be limited to the amounts for which he is assessed from time to time in accordance with this chapter and the declaration. B. The owners of a unit shall have no personal liability for any damages caused by the governing body on or in connection with the use of common areas. A unit owner shall be liable for injuries or damages resulting from an accident in his own unit to the same extent and degree that the owner of a house, an office, or a store would be liable for an accident occurring therein.

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Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Can a Mississippi HOA foreclose on my home for unpaid dues?

For a standard subdivision HOA, only if the recorded declaration grants a lien and foreclosure right - Mississippi has no general HOA assessment statute. For a condominium, yes: Miss. Code § 89-9-21 lets the association record a lien and sell the unit under the power-of-sale rules of § 89-1-55.

Does Mississippi law cap HOA late fees or interest on assessments?

No. Neither the Condominium Law nor the Nonprofit Corporation Act sets a late-fee or interest rate. Those amounts are governed by your association's recorded declaration and governing documents, so check your CC&Rs.

How does a Mississippi condo association record an assessment lien?

Under Miss. Code § 89-9-21 the management body records a notice of assessment with the chancery clerk of the county where the condominium is located, stating the assessment amount, authorized charges, a description of the unit, and the owner's name.

Sources

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