How to Dispute an HOA Violation in Mississippi

HOA Law in Mississippi

Mississippi does not have a comprehensive standalone statute governing homeowners associations for planned communities. Condominiums are governed by the Mississippi Condominium Law (Miss. Code §89-9-1 et seq.), while other HOAs are primarily governed by their private CC&Rs, bylaws, and recorded declarations. This means the rights and procedures available to homeowners depend almost entirely on what is contained in their community's specific governing documents.

Mississippi courts treat CC&Rs as restrictive covenants running with the land and will generally enforce them as written. However, Mississippi follows the rule that restrictive covenants are strictly construed against the party seeking enforcement, meaning any ambiguity in the language of a restriction is resolved in favor of the property owner's right to use their property freely.

Because of the limited statutory framework, Mississippi homeowners facing HOA disputes should pay close attention to the notice and hearing procedures outlined in their CC&Rs. If the board has not followed its own procedures, that is often the most effective basis for challenging a violation. Mississippi courts also require that enforcement be applied uniformly — the board cannot single out one homeowner while ignoring the same condition elsewhere in the community.