Can HOAs Lease Land Without a Vote?

Hi Patty,

If the HOA is incorporated, it is subject to the Mississippi Nonprofit Corporation Act Section 79-11-329. It states that the HOA may lease property if the transaction is part of the regular course of activities. Member approval is not needed unless otherwise required by the articles of incorporation. Kindly review the governing documents to verify whether member voting is necessary.

However, the case is different if the transaction is not a part of the association’s regular course of activities. In such cases, Section 79-11-331(2) applies, which states that the transaction must be approved by the board members and by member voting.

For further guidance, kindly consult a lawyer.