Mississippi Statewide Rule

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

Few RestrictionsApplies statewide across Mississippi (2026)

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.

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: 2026-06-27

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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