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Miss. Code Ann. § 89-9-17: Recording, enforcement and provisions of declaration of restrictions · HOA Stories

Mississippi law · Condominiums

Miss. Code Ann. § 89-9-17

Recording, enforcement and provisions of declaration of restrictions

Covered in 5 owner guides

What this section does for you

Lets a recorded declaration give the management body power to enforce its provisions, but only as an "enforceable equitable servitude... where reasonable"; the statute names no fining power directly and sets no dollar cap or hearing requirement.
Owner guide: Fines & violations in Mississippi
The chapter's only records-adjacent provision: lets, but doesn't require, a recorded declaration provide for independent audit of a management body's accounts; creates no owner examination right.
Owner guide: Records & transparency in Mississippi
Lets the declaration choose a management structure (owners directly, an elected board, or a management agent) and set its own voting majorities, quorums, notices, and meeting dates; the statute mandates none of those mechanics itself.
Owner guide: Elections & meetings in Mississippi
The only source of any architectural or exterior-modification control: lets a declaration give the management body power to enforce restrictions and regulate common areas, but only as an equitable servitude enforceable "where reasonable."
Owner guide: Architectural review in Mississippi
Frames every restriction as an "enforceable equitable servitude... where reasonable," importing equity's own defenses, including uneven or arbitrary enforcement, into the reasonableness a chancery court would weigh.

The statutory text

Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.

The owner of a project shall, prior to the conveyance of any condominium therein, record a declaration of restrictions relating to such project, which restrictions shall be enforceable equitable servitudes where reasonable, and shall inure to and bind all owners of condominiums in the project. Such servitudes, unless otherwise provided, may be enforced by any owner of a condominium in the project, and may provide, among other things: (1) For the management of the project by one or more of the following management bodies: the condominium owners, a board of governors elected by the owners or a management agent elected by the owners or the board or named in the declaration; for voting majorities; quorums, notices, meeting dates and other rules governing such body or bodies; and for recordation from time to time, as provided for in the declaration, of certificates of identity of the persons then composing such management body or bodies, which certificates shall be conclusive evidence thereof in favor of any person relying thereon in good faith. (2) As to any such management body: (i) For the powers thereof, including power to enforce the provisions of the restrictions; (ii) For maintenance by it of fire, casualty, liability, workmen's compensation and other insurance insuring condominium owners, and for bonding of the members of any management body; (iii) For provision by it of payment by it for maintenance, utility, gardening and other services benefiting the common areas; for employment of personnel necessary for operation of the building, and for legal and accounting services; (iv) For purchase by it of materials, supplies and the like and for maintenance and repair of the common areas; (v) For payment by it of taxes and special assessments which would be lien upon the entire project or common areas, and for discharge by it of any lien or encumbrance levied against the entire project or common areas; (vi) For payment by it for reconstruction of any portion or portions of the project damaged or destroyed; (vii) For delegation by it of its powers; (viii) For entry by it or its agents into any unit when necessary in connection with maintenance or construction for which such body is responsible; (ix) For an irrevocable power of attorney to the management body to sell the entire project for the benefit of all of the owners thereof when partition of the project may be had under Section 89-9-35 which said power shall: (a) Be binding upon all the owners, whether they assume the obligations of the constructions or not; (b) If so provided in the declaration, be exercisable by less than all, but not less than a majority of the management body; (c) Be exercisable only after recording of a certificate by those who have power to exercise it, that said power is properly exercisable hereunder, which certificate shall be conclusive evidence thereof in favor of any person relying thereon in good faith. (3) For amendments of such restrictions, which amendments, if reasonable and made upon vote or consent of not less than a majority in interest of the owners of the project given after reasonable notice, shall be binding upon every owner and every condominium subject thereto whether the burdens thereon are increased or decreased thereby, and whether the owner of each and every condominium consents thereto or not. (4) For independent audit of the accounts of any management body. (5)(i) For reasonable assessments to meet authorized expenditures of any management body, and for a reasonable method for notice and levy thereof, each condominium to be assessed separately for its share of such expenses in proportion, unless otherwise provided, to its owner's fractional interest in any common area; (ii) For the subordination of the liens securing such assessments to other liens either generally or specifically described. (6) For the restrictions upon the severability of the component interests in real property which comprise a condominium. (7) For such covenants and restrictions concerning the use, occupancy and transfer of the units as are permitted by law with reference to real property. Codes, 1942, § 896-09; Laws, 1964, ch. 270, § 9.