2026-09-15 · Mississippi · Compliance

The Mississippi Condominium Law does not apply to Mississippi condominiums. It applies to condominiums that opted in — and the opt-in can be undone. That structure, set out in Miss. Code Ann. § 89-9-9, is the single most important thing to understand about condominium law in this state, and it is why so much Mississippi condominium practice turns on the recorded declaration rather than the code.¹

The opt-in

Section 89-9-9: “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… a plan consisting of (a) a description or survey map…, (b) diagrammatic floor plans…, and (c) a certificate consenting to the recordation of such plan pursuant to this chapter signed and acknowledged by the record owner… and all record holders of security interests therein.”

And then: “Such plan may be amended or revoked by a subsequently acknowledged recorded instrument executed by the record owner… and by all record holders of security interests therein. Until such recordation of a revocation, the provisions of this chapter shall continue to apply.”

The chapter is a 1964 statute

Section 89-9-1 carries the source note “Codes, 1942, § 896-01; Laws, 1964, ch. 270, § 1.” The only later amendment we found anywhere in the chapter is Laws, 1970, ch. 306, at § 89-9-9. The operative text is around sixty years old.

Its stated ambition was correspondingly modest. Section 89-9-3: “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.”

It is a recognition statute, not a regulatory one.

1. Miss. Code Ann. Title 89, Real and Personal Property — chapter index ↩
2. Miss. Code Ann. Section 89-9-3, purpose of the Mississippi Condominium Law ↩