Our initial scan found 6 potential issues in your governing documents.
We checked the 3 public PDFs on Timber Ridge POA’s website against current Mississippi and federal HOA law—and more issues may exist depending on the documents you load.
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Declaration of Covenants, Conditions & Restrictions · Sec. 2016 Amended Covenants Section 2.A & Section 2.B · Page 1
MS Manual Attorney Audit Finding (2016 Amended Covenants Section 2.A & Section 2.B — [2016 Amended Covenants Section 2.A & Section 2.B] Residential Purposes and Architectural Control Committee (ACC) Approval — All lots in Timber Ridge shall be used for single-family residential purposes only. No dwelling, fence, driveway, bulkhead, or other structure shall be erected, placed, or altered on any lot until blueprints, elevations, exterior material samples (restricted to brick, stucco, or Hardie board; roof pitch of 7/12 or greater with architectural shingles or metal roofing), color samples, and a landscaping plan have been submitted to and approved in writing by the Architectural Control Committee (ACC).): Governing document provision conflicts with Miss. Code Ann. §§ 79-11-101 et seq. & Common-Law Covenants; Miss. Code Ann. §§ 89-9-1 to 89-9-37 (Mississippi Condominium Law) or lacks mandatory statutory safeguards.
“roof pitch of 7/12 or greater with architectural shingles or metal roofing), color samples, and a landscaping plan have been submitted to and approved in writing by the Architectural Control Committee (ACC).”
Why It’s Flagged
Miss. Code Ann. §§ 79-11-101 et seq. & Common-Law Covenants; Miss. Code Ann. §§ 89-9-1 to 89-9-37 (Mississippi Condominium Law)
1.
Internal Hierarchy Conflict & Restraint on Alienation in Board Short-Term Rental Resolution (Mississippi Supreme Court Precedent): While 2016 Amended Covenants Section 2.A requires 'single-family residential purposes' and Section 3.L permits rental properties subject to tenant compliance, the Board's standalone 'Short-Term Rental Resolution' imposes registration, operational restrictions, and STR-specific fines via a unrecorded Board resolution rather than a recorded Covenant amendment under Section 6.E. Under Mississippi Supreme Court precedent (*see, e.g., Journeay v. Berry*, 953 So. 2d 1145 (Miss. Ct.
App.
2007); *mistretta / Lake Castle* line of cases), substantive restrictions on the use and leasing of real property must be enacted through a duly recorded amendment to the Declaration of Restrictive Covenants (requiring 60% owner approval under Section 6.E), not a mere Board resolution.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
1Amend Section 2016 Amended Covenants Section 2.A & Section 2.B to conform with Miss. Code Ann. §§ 79-11-101 et seq. & Common-Law Covenants.
2Miss. Code Ann. §§ 89-9-1 to 89-9-37 (Mississippi Condominium Law) prior to board adoption..
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
5 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 5 remaining issues—plus load up to 10 PDFs for complete review.
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Potential Issue Surfaced in Initial Scan
Document
Severity
#2
Pickup Truck & Work Vehicle Parking Restriction Conflict
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