APRIL, 2022
www.diamondheadms.org
VOL. 39, NO. 4
From the desk of the President By Ernie Knocloch
W
hile I do not normally com ment on pending litigation, given the recent events and the amount of confusion surrounding the issue, it is necessary to make an exception in this instance. It is the Board’s responsibility to ensure the financial stability of our Association and to enforce the Covenants and Bylaws of the Association. That means that the POA must pursue those who refuse to pay their dues which are critical to maintaining the substantial amenities avail able here in Diamondhead. Points of Clarification: 1. The issue regarding whether the 2010 action taken by the membership cured the covenant expi ration issue is proceeding through the courts and is not related to these mat ters. 2. The cases do not involve any covenant expiration issues since these cases involve only properties that owed back dues before their covenants may, or may not, have expired. While there is a statue that states that expulsion shall be the only remedy for nonpayment of dues, the
Mississippi Supreme Court has ruled that the statute does not apply to an Associ ation that has adopted covenants and bylaws that grant the Association the “expanded power” to pur sue collections, place liens on property, obtain judg ments, and/or foreclose. That was exactly the case in Perry v. Bridgetown Com munity Assoc. In Bridgetown, the Asso ciation was pursuing collec tions for unpaid dues, and the defendant members asserted that the statute made expulsion the only remedy. The trial court “disregarded” the statute and found that it did not apply to the Association because its covenants and bylaws granted the Associ ation the ability to pursue collections in court among other remedies. The Defendant members appealed and argued to the Supreme Court that the statute should apply making expulsion the only remedy. The Supreme Court rejected that argument and agreed with the trial court’s in terpretation that the statute did not apply to the Associ ation because of their cov enants and bylaws. The POA attorney pro vided the Bridgetown ruling to the Justice Court during a hearing in January. Justice
Courts in Mississippi have jurisdiction over small claims cases involving amounts of $3,500 or less, misdemeanor criminal cases, traffic offenses that occur outside a municipality etc. Justice Court judges are not required to be licensed attorneys. The Judge con tinued the cases until Feb ruary while he considered it. On Thursday, February 24, 2022, the Judge focused on one sentence in the opinion and held that the statute precluded the POA from pursuing any collec tions. The POA attorney attempted to explain the entire ruling to the judge, but the judge immediately interrupted him and ad vised the POA to appeal if the POA disagreed. As a result of his sum mary dismissal of all the cases on the docket, the POA has to appeal all 9 of those cases. Obviously, this is frustrating for us all be cause this issue has already been clearly decided by the Mississippi Supreme Court. We appreciate your patience as we work to get this matter corrected. You might find it in teresting to know that sec tions of Diamondhead have the highest elevation on the entire Gulf Coast. Consider visiting our patio area where you can have a bev
erage, enjoy a snack, or meal and easily see the elevation change. The deadline for this
article was March 10th, so this information is current as of that date.
The deadline to submit information for the May Diamondhead News is April 10TH.
EASTER SUNDAY BUFFET APRIL
17,
2022
Seatings at 10:30, Noon, and 1:30
Omelet Bar Fried Green Tomatoes & Eggs
Crawfish
Seafood Display · Shrimp Cocktail · Oysters on the Half · Charbroiled Oysters · Royal Reds
Carving Station · Benton's Smoked Ham · Leg of Lamb · Sweet
Prime Rib Country
Shell
Sides Truffle Macaroni & Cheese
·
Fried Brussel Sprouts
·
Flash-
Shishito
Peppers & Soy Glazed Green Beans
Chili Glazed Salmon
·
Charred Asparagus, Baby Carrots, Grilled Squash
Desserts
Salads & Soup · Beefsteak
Bananas Foster Station
Spinach Salad
Tomato, Red Onion, Bleu Cheese Salad
·
Desserts
·
·
Assorted
Ice Cream
Feta, Sundried Tomatoes,
Orzo Salad
·
Shrimp, Corn, &
Crab Bisque Adults: $34, Kids 6-12: $16 Kids 4-5: $8, Under 4: Free POA Discount not available
Reservations are required.* Call 228 255-2918 ext. 3 or stop by the Club *Reservations are not required for Latitude 30. Breakfast will be served in Latitude 30 from 7:00 - 10:30, followed by the Buffet until 2:00. Pre-made sandwiches, soup, hot dogs, hamburgers, and wings will be served from 2:00 - 7:00