§ 89-9-1. Citation of chapter
This chapter shall be known and may be cited as the “Mississippi Condominium Law.”
§ 89-9-11. Conveyance of unit or apartment, etc., which is part of unit presumed to convey entire condominium
Unless otherwise expressly stated therein, any transfer or conveyance of a unit or an apartment, office or store which is a part of the unit, shall be presumed to transfer or convey the entire condominium.
§ 89-9-13. Incidents of condominium grant
Unless otherwise expressly provided in the deeds, declaration of restrictions or plan, incidents of a condominium grant are as follows: The boundaries of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the unit includes both the portions of the building so described and the airspace […]
§ 89-9-15. Partition of common areas or of tenancy in common in condominium
Except as provided in Section 89-9-35, the common areas shall remain undivided, and there shall be no judicial partition thereof. Nothing herein shall be deemed to prevent partition of a tenancy in common in a condominium.
§ 89-9-17. Recording, enforcement and provisions of declaration of restrictions
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 […]
§ 89-9-19. Restrictions on sales and leases of units in project; first refusal of management not mandatory
The restrictions and covenants authorized by Section 89-9-17 may prescribe regulations concerning sales or leases of units, and any such restrictions and covenants shall be valid, but it shall not be mandatory that the management body be given the first right or refusal to purchase or lease any such unit which the owner thereof intends […]
§ 89-9-21. Liability of owner for assessment upon condominium; lien on assessed condominium; recording, priority, enforcement, etc., of lien
A reasonable assessment upon any condominium made in accordance with a recorded declaration of restrictions permitted by Section 89-9-17 shall be a debt of the owner thereof at the time the assessment is made. The amount of any such assessment plus any other charges thereon, such as interest, costs, attorneys’ fees, and penalties, as such […]
§ 89-9-23. Lien for labor performed or services or materials furnished
No labor performed or services or materials furnished with the consent of or at the request of a condominium owner or his agent or his contractor or subcontractor shall be the basis for the filing of a lien against the condominium of any other condominium owner, or against any part thereof, or against any other […]
§ 89-9-25. Acquisition, etc., of personal property by management body for benefit of condominium owners; transfer of beneficial interest
Unless otherwise provided by a declaration of restrictions under Section 89-9-17, the management body, if any, provided for therein, may acquire and hold, for the benefit of the condominium owners, tangible and intangible personal property and may dispose of the same by sale or otherwise; and the beneficial interest in such personal property shall be […]
§ 89-9-27. Construction of deed, declaration, or plan for condominium project
Any deed, declaration, or plan for a condominium project shall be liberally construed to facilitate the operation of the project, and its provisions shall be presumed to be independent and severable.
§ 89-9-29. Liabilities of unit owners
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 […]
§ 89-9-3. Purpose of chapter
The purpose of this chapter is to give statutory recognition to the condominium form of ownership of real property. It shall not be construed as repealing or amending any law now in effect except those in conflict herewith, and any such conflicting laws shall be affected only insofar as they apply to condominiums.
§ 89-9-31. Taxes and special assessments; provisions of declaration enforceable after foreclosure of assessment, tax deed, etc.; exemption as homestead
Property taxes and special assessments assessed by municipalities, counties, the State of Mississippi, and other taxing authorities shall be assessed against and collected on the unit and the common areas and not upon the project as a whole. Each unit and common areas shall be separately assessed for ad valorem taxes and special assessments as […]
§ 89-9-33. Construction of local zoning ordinances
Unless a contrary intent is clearly expressed, local zoning ordinances shall be construed to treat like structures, lots, or parcels in like manner regardless of whether the ownership thereof is divided by sale of condominiums or into community apartments rather than by lease of apartments, offices, or stores.
§ 89-9-35. Action for partition of condominium project by sale thereof
Where several persons own condominiums, as defined in the Mississippi Condominium Law, in a condominium project, as defined in said law, an action may be brought by one or more of such persons for partition thereof by sale of the entire project, as though the owners of all of the condominiums in such project were […]
§ 89-9-37. Action for partition of condominium project by sale; venue; powers of court; sale
Such action for partition by sale shall be brought in the chancery court of that county in which the project or some part thereof is situated, subject to the provisions for partition of lands by sale, as far as applicable, and the court shall have power to make all such orders as may be necessary […]
§ 89-9-5. Definitions
For the purpose of this chapter, the following words and phrases as used herein, unless a different meaning is plainly required by the context, shall have the following meanings: “Condominium” means that form of ownership of property under which units of improvements are subject to ownership by different owners and there is appurtenant to each […]
§ 89-9-7. Condominium constitutes real property
A condominium is an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store. A condominium may include in addition […]
§ 89-9-9. Recordation of plan; amendment or revocation
The provisions of this chapter shall apply to property divided or to be divided into condominiums only if there shall be recorded in the office of the chancery clerk in the county in which such property lies a plan consisting of (a) a description or survey map of the surface of the land included within […]