"Didn't you know, covenants are UNENFORCABLE"?

Home Forums Diamondhead Mississippi General Discussion General Topics of Interest "Didn't you know, covenants are UNENFORCABLE"?

This topic contains 16 replies, has 1,189 voices, and was last updated by  2Ricks 11 years, 1 month ago.

Viewing 15 posts - 1 through 15 (of 17 total)
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  • #2144

    2Ricks

    Hi.

    Please, Diamondhead Community, bear with me while I vent and please post any constructive comments that will restore my faith in this community.
    At issue first is:
    There is a house near mine that is ‘blighted’ in every sense of the word. Not because of Katrina, but, in fact, has been this way for more than three years. Uninhabited, rotten wood, steps leading to door have fallen apart and there is no way to enter, garage is covered in tar paper only (not an acceptable home covering material!), weeds are over 5 feet tall, there is a pile of toilets(!) on the property in plain view, multiple old phone books pile up at the doorstep, a storage trailer on cinder blocks in driveway, etc. I called a high-ranking employee of the POA (who i won’t name) and was basically told that ten letters have been sent to the homeowner, to no avail, but because they pay their dues every month, there is nothing we can do. He told me directly that the covenants are unenforceable and that I just have to deal with it. My question is, perhaps someone will know the answer, what is unenforceable about a legal contract that we all have entered into? What needs to be done to make this enforceable? Can somebody explain to me in plain English how I was duped into moving into a community with covenants to then be told that they are no good?? Woweeee, I guess I can do anything I want with my property now! HEY DIAMONDHEAD, have at it, the COVENANTS ARE UNENFORCABLE! I have a feeling that if this property were next to a board member’s home, the covenants would suddenly become enforced. I actually had an appraiser last month tell me that the property will be a huge problem when we sell and that we will have a hard time getting the full appraised value on our house. I moved to Diamondhead so these things would not happen and now feel defrauded.

    My second issue is the speeding in Diamondhead. It is continuous. Several neighbors on my street, including myself, have taken to yelling “Slow down” at the perpetrators so they won’t hit our kids crossing the street. I have been verbally abused and cursed at by drivers who don’t take kindly to my demanding their civility. I have been purposely run off the road while on foot on three occasions. Once the driver was purposefully aiming to hit me and was grinning as I fell into a ditch while he tried to, quite literally, hit me. I memorized the license, called security, and was told “unless we see it we can do nothing”. I said “okay, so sit in front of my house and you will see this 10 times an hour, people going 60 down my street while my kids play nearby”. They told me to call and request details in my area by talking to another very high ranking POA official. This person would not return my calls. Someone else at the POA told me to fill out a redtop, and when I pointed out that the redtop program had been suspended because of Katrina, I was told “well, that is the only way to complain”. Every time I call about the speeding in Diamondhead I am told “Well, we write some tickets, but unless they live in D’head they are unenforceable”(!!). Why do we have security? After repeated calls I have never seen them even drive down my street much less pull over a speeder. Heck, I see POA trucks speeding constantly. I told them if they park in my driveway, any time of day or night I won’t mind, as they could write tickets day and night and really make A LOT of money for more security personnel by collecting these additional revenues.

    So to sum it up- Residents, please tell me:

    1.) Why do we have unenforceable covenants?
    2.) Why do we pay for security that does nothing at all, can’t carry guns, who cannot respond to crime complaints and whose tickets are pointless?
    3.) Why is the marina area STILL as it was after the storm, i.e. totally unsafe and the boat launch unusable, while the POA spends time picking out fabric patterns for country club renovations? Why did we hear in the newspaper about what the palette will be for the country club carpet when the boat ramp area is in shambles and our leadership does not bother to even address this with us?
    4.)Why did our board reject all of Mr. Alfonso’s suggestions at the last board meeting, all of which are aimed at preventing cronyism and aimed at a more efficient and ethical POA?
    5.) What exactly am I paying for every month in my dues?

    Thank you all for listening!

    #2143

    wayne king
    Participant

    kbachman, You have pointed out problems that reflect only the tip of an iceberg created by missmanagement, incompetency, ego and a myrid of other factors usually found when some one thinks their pants are bigger than everyone elses. One act that could help turn this around in the future is ask these questions of candidates running for Diamondhead offices. What are they for? Why? and, what are they against? Why?

    #2145

    noladel
    Member

    If the covenants are unenforcable, then I guess we do not have to pay over $600.00 a year for the privilege of living in such an “exclusive” community with a trailer park, no less. I constantly have cars speeding up and down my street at all hours of the day and night and nothing is done to deter this serious problem. A few well placed speed bumps might get these slack jawed imbeciles to pay more attention to their speed. We have called the POA a number of times and spoken to whomever is overpaid to answer the phone. She has no idea of how to respond to a caller nor, apparently, does she have the ability to pass the message on to someone who can answer our questions. As Bette Davis aptly put it, “What a dump!”

    #2146

    Editor
    Moderator

    I play golf, but do not belong to the DMGA or pay for my green fees at a hugely discounted rate.

    I fish, but do not own a boat. I am not a member to the Boaters.

    I play tennis and do not belong to any tennis club.

    I am not a member of the Krewe of Diamondhead, but have marched in hundreds of Mardi Gras parades and attended hundreds of Mardi Gras balls.

    I am an avid gardener, but do not belong to the garden club.

    I play bridge, but do not belong to any bridge club.

    I own two companies and do most of my business out of the state of Mississippi.

    Under my administration all members of the board will have to divulge any association with any organization or discount programs they participate in before they are allowed to vote. They will also be given an email address and required to answer all emails from all members. All employees will be required to attend training for customer service.

    It is also my intention to rapidly shrink the POA and turn over the roads, security and boat launch to the City of Diamondhead, MS. I also pledge to be open and accessible to all members of the DHCC&POA.

    T. R. “Skip” Alfonso
    Candidate for President of the DHCC&POA

    #2147

    ggilbert
    Member

    I am curious to know who is in charge at the City of Diamondhead, MS. I take it that this is different from the Diamondhead Property Owners’ Association.

    #2148

    Anonymous

    A neighbor who approached somebody in poa, I think maybe the current poa president, was told that nothing can be done as far as speed bumps go because the bumps would slow down fire trucks. And oh, in my last rant, I forgot to mention another ‘issuse’ – the absurd notion of a ‘youth director’. We are paying the salary of a ‘youth director’. Can anyone here name anything that has come of this? I think I heard of some kind of teen dance last year, but in the 2plus years of this ‘youth director’ position, that is the only thing to show for it. it is money down the drain. there is usually some blurb in the newspaper “contact youth director ______ for more info on activities”. Why do we neeed to contact ANYBODY to find out what activities and events our dues paid for? Why can this not be advertised? Is it by invitation only? Is this like being invited to the Rex Ball? I don’t understand this. where are the picnics? The volleyball games? The tug of wars? Where are the free things a REAL ‘youth director’ should be organizing? If we are paying a youth director, I better be hearing about a freakin youth activity every week or I consider it money down the toilet. Can anybody on this website name a single ‘youth activity’ that has ever taken place? And believe me, I am on the lookout for these advertisements as I have two young kids. Sorry, I went off on a tangent pretty far from speed bumps!!

    #2149

    Editor
    Moderator

    Right now the “City of Diamondhead” is a work in progress and it better progess quickly or we will be a part of the City of Bay St. Louis.

    #2150

    ggilbert
    Member

    Thanks, I know what you are referring to.

    #2151

    noladel
    Member

    Actually, we had speed bumps in my old neighborhood and they did not slow down the fire trucks. In addition, we paid $20.00 (twenty dollars) a year dues to our civic organization and that included snow and ice removal.

    #2152

    wayne king
    Participant

    Please don’t get me wrong, I support safer and more peaceful neighborhoods. Speed bumps have been used in the past in other places as we well know, in recent years however you may have a hard time finding them, (thanks to, again, trial lawyers). Installation of speed bumps constitutes a liability on the part of the installer for any accident, vehicle damage or tire damage and the burden is probably on the installer to prove the bump did not cause the problem.

    Imagine: I hit the bump, my tire blows out and I lose control of my vehicle, damaging the paint on my witnesses fence and spraining my neck, I now have $10,000 worth of Dr. bills and owe my witness $2000 for repainting his fence. This is of course fictitious, but could very well be compared to a real life occurrence. Do you still want a jury and possibly Liberal judge to make a decision on a speed bump in Diamondhead?

    #2153

    Editor
    Moderator

    Hate to sound like a broken record, but

    The solution is not speed bumps. It has been tried, no success and Mr. King is correct. The assumable risk could be enormous. In case some of you didnt live here twenty years ago, we once had diving boards at our swimming pools. No more. Insurance, liability and risk factors combined in their removal.

    The solution is incorporation.

    A recent NPR program reported (All Things Considered, March 30, 2006) The city of Dillingham, Alaska — population 2,400 — has eighty surveillance cameras installed around town and at its port. The cameras were purchased with grant money from the Department of Homeland Security. With the power of a true police force coupled with grant monies. We too can install Closed Circuit Television to monitor all streets in the City of Diamondhead.

    Tickets would be issued electronically, fines would be imposed with the authority of the state.
    And before any naysayers chime in, it is not radar (County Sheriffs are banned from using radar not city police forces). This system is being used world wide and is quite effective in curtailing dangerous drivers.

    #2156

    Summer
    Member

    Mr. Alfonso,

    If I need correcting, please step in and say so.

    When we moved to Diamondhead in 2000, we had a different security company and I think they carried guns. After this company was pushed out, I called them and they told me they DID NOT get a bid package from the POA. “Ain’t that a hoot?” Did we get Vinson Security because someone on the POA Board were friends with someone?

    Did Vinson cost more than the old security company?

    Security, is useless if they cannot carry weapons. There is nothing they can do to help us if needed.

    Could it be they rejected Mr. Alfonso’s plans because he is smarter than
    they are and maybe more honest? Who knows? I sure would like to know.

    I want to know how much we pay the salaried people and there benfits. We pay the bill and I want to know where penny is spent and I mean all of it.

    I have never heard the POA Board address any questions that were asked by the good people that pay the bills. Go figure.

    REMEMBER TO VOTE!! Take a few minute of your time and vote and remember to carry you POA ID Card. If you don’t vote …. God help Diamondhead.

    #2158

    flexable
    Member

    I agree with the assesment of the situation in Diamondhead. I moved back to Diamondhead before Katrina after an absence of about 10 years. It was one of the worst decisions I have ever made. Speeding, load music, uninforced covenants and vandalism are just a few of the reasons I know I made a mistake. It has been worse, if that is possible, since Katrina.

    I am seriously thinking of moving. If we do not incorporate in the very near future I will definately go. What a shame that a place that has the potential for being a great place to live is the way it is now.

    Many of my friends who live here feel the same way and are thinking of moving.

    #2190

    2Ricks
    Member

    So True! I agree. When will we get an update on the process of incorporation? We have a new POA president. We should be informed.

    #2191

    Summer
    Member

    Does anyone really expect to hear anything from the new POA President and the Board about anything? I don’t… Maybe this web site might get them moving, if we complain enough.

    Before the storm, some were looking into incorporation, but did not want to give out any of the information because it might help Bay St. Louis and it was costing a lot of money to see if we should incorporate. Oh! give me a break. The “old guard” does not want to incorporate Diamondhead. I do not understand why anyone would not want to move Diamondhead forward.

    Covenants seem to be a joke in Diamondhead. People park where ever they want, drive as fast as they want and the music is loud enough to jar the houses when the cars go by. It seems people do not respect the community.
    How sad.

    Thanks for letting vent.

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