Mississippi Advisory Opinions November 04, 2011: No. 2011-00383 (November 04, 2011)

No. 2011-00383.

Dear Mr. Adams:

Attorney General Jim Hood has received your request for an official opinion and has assigned it to me for research and reply.

Whether Rankin County has the authority to pay private homeowners association dues?

If so, can Rankin County cast votes in the private homeowners association elections?

In your letter, you state the following:

Mill Creek Subdivision is a development located in Rankin County, Mississippi near the Reservior. Mill Creek was developed in the 1970s by a private developer. In 2005, the County acquired lot number 207 of the subdivision in order to gain access to Mill Creek for purposes of performing necessary drainage repairs for the public welfare. The Warranty Deed by which Rankin County received Lot 207 states, 'this lot will be used as access to Mill Creek.' Mill Creek has a homeowners association and protective covenants which requires the payment of an annual fee by each lot owner. The protective covenants also give voting rights to each lot owner. Since Rankin County is a lot owner only for purposes of access and does not receive a benefit from the homeowners association, is it required or authorized to pay the fee required by either the homeowners association or the protective covenants? If the answer is yes, which person, persons or office should pay the fee?

Upon further inquiry, you informed us that there is no home or building on the lot and the drainage work serves only the subdivision.

Under these facts, it is our opinion that payment of homeowners association dues for a vacant lot acquired for the purpose of access for drainage serves no legitimate governmental purpose, and is not authorized.

Please contact our office if we may be of further assistance.

Very truly yours,

JIM HOOD, ATTORNEY GENERAL

By:

Margarette L. Meeks

Special Assistant Attorney General