Our initial scan found 3 potential issues in your governing documents.
We checked the 3 public PDFs on Cowan Creek HOA’s website against current Mississippi and federal HOA law—and more issues may exist depending on the documents you load.
✓Rules & Enforcement Policies✓CC&Rs / Declaration✓Association Bylaws+ Add up to 10 PDFs in Full Analysis
Community Rules, Architectural & Enforcement Policies · Sec. Board Resolution on Annual Assessments Late Fee & Covenants Article IV · Page 1
Cumulative $50.00 Flat Late Fee Plus Maximum Statutory Interest on Modest Annual Dues
Operative Clause · Sec. Board Resolution on Annual Assessments Late Fee & Covenants Article IV (Page 1)
“Board-Adopted $50.00 Flat Late Fee Plus Default Interest on Annual Assessments — Any Annual Assessment not paid within thirty (30) days after the due date shall be assessed an immediate $50.00 late fee in…”
Why It’s Flagged
Miss. Code Ann. § 75-17-1 & Mississippi Common Law on Liquidated Damages / Penalties
Under Mississippi contract and servitude law (and Miss. Code Ann. § 75-17-1), where the recorded Declaration specifies a percentage interest rate on delinquent assessments but does not expressly authorize a separate flat $50.00 late charge, a unilateral Board resolution adding a $50.00 flat penalty on top of statutory interest constitutes an unenforceable penalty/usurious charge in excess of the Declaration's assessment covenant.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Section Board Resolution on Annual Assessments Late Fee & Covenants Article IV to conform with Miss. Code Ann. § 75-17-1 & Mississippi Common Law on Liquidated Damages / Penalties prior to board adoption..
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
#
Potential Issue Surfaced in Initial Scan
Document
Severity
#2
Architectural Review & Exterior Modification Standard Conflict
Declaration / CC&Rs
HIGH LEGAL RISK
#3
Official Records Retention & Member Inspection Conflict
Association Bylaws
HIGH LEGAL RISK
+ Full Set
Additional Governing Documents You Load (Up to 10 PDFs) — Amendments, Rules, ARC Guidelines & Cross-Document Hierarchy
Up to 10 PDFs
INCLUDED IN $699 AUDIT
FULL GOVERNING DOCUMENT AUDIT · UP TO 10 PDFS · $699
What the Full Analysis Checks & How It Works
Statutory & Federal Check: Audits up to 10 PDFs (CC&Rs, Bylaws, Rules & Amendments) against Mississippi statutes, Federal law, and local codes.
Cross-Document Hierarchy Check: Flags internal contradictions where Rules, Policies, or Bylaws conflict with your recorded Declaration.
Marked-Up PDFs for Board & Counsel: Boxes each issue on the source page with the controlling statute cited and sample discussion wording.
Need to pass an amendment or run your next board election with immutable proof?
Works alongside Vantaca, AppFolio, CINC, or TownSq to cut manager election time by 98% (30 hours down to 31 minutes) with 80% median turnout increase and sealed, self-proving ballots.
