Shortly before closing, many buyers learn about association dues they never budgeted for, an unpaid assessment, or a rule blocking the fence they planned to build. The mortgage documents and purchase contract rarely tell the whole story. Land records and association paperwork can shape what you actually own.

How Recorded Restrictions Bind Buyers

Mississippi’s recorded-covenant statute covers how recorded restrictions reach later buyers, so buyers may inherit valid limits on fences, exterior changes, vehicles, or home businesses. In Goode v. Village of Woodgreen Homeowners Association, the Mississippi Supreme Court enforced clear covenants requiring architectural approval, noting Mississippi favors unrestricted use but enforces unambiguous restrictions.

Every lot needs separate review. In Long Meadow Homeowners’ Association, Inc. v. Harland, the recorded deed permitted the buyers’ proposed church, and the court backed the buyers against an association seeking stricter limits.

Unpaid Assessments and Condominium Liens

Buyers should separate three distinct issues:

  • A previous owner’s personal duty to pay overdue assessments
  • An enforceable lien on the property
  • Assessments that come due after the buyer takes ownership

For an ordinary subdivision, the declaration determines whether unpaid dues create a lien. Foreclosure purchases deserve extra care. In Diamondhead Country Club and Property Owners Association, Inc. v. The Peoples Bank, the court separated rights that pass with the land from personal contractual rights that need an assignment.

Condominiums follow a statute. Section 89-9-21 lets the management body record a lien notice that generally outranks later-recorded liens and expires after one year unless enforcement begins or an extension is recorded. It should not be assumed to govern every subdivision.

Request Documents and Confirm Title Before Closing

County land records can reveal covenants, plats, deeds, mortgages, and recorded liens. DeSoto County’s Chancery Clerk online records are one example. Records will not show everything, so ask the association in writing for current balances, special assessments, late charges, and pending violations.

Review the exceptions in your title commitment, too, since title insurance does not guarantee freedom from restrictions. If problems surface, the parties can address them through the purchase agreement, such as a seller payoff.

O’Brien Law Firm, LLC, can examine the declaration, title commitment, and association balances, flag concerns before closing, and help you negotiate solutions. To get started, reach out to us or call 662-672-7619.

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