Municiple Incorporation

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    Post all questions and comments concerning municiple incorporation of Diamondhead here.



    Is there currently an on-going effort to incorporate Diamondhead? It seems from what I have learned about Diamondhead, since moving here in August of 2003, that Incorporation might well be the best solution. Every day, it seems that I hear of more things that are not being handled in a fair and equitable manner here. It seems that our POA has allowed a Large Home Builder Corporation which doesn’t have a good reputation for building quality homes to be exempt from paying POA dues on a large tract of land purchased for development until the homes have been built and sold (and I assume that the new owners of the homes will be the ones who will pay the dues–not the builder. Is this fair treatment? Seems that if you have the Big Name, and Big Money, you get what you want here. Is someone getting their “palms greased” for allowing this. I have invested my hard-earned money to purchase three adjoining lots on which to build a new home here. I am required to pay the $70 monthly POA fees on each of the three lots, and have been told that until the home is built, the land will not be combined. Also, this company has apparently convinced the POA to spend money widening and paving a road that our property fronts. I am sure that if I had requested they do that, I would have been laughed out of the office! Again, I see the way things work here….those who have money, but no scrupples get what they want while the honest, hard-working, people get the shaft. We need to get rid of the board and start a serious effort to make positive changes in the way things are done here, or else incorporate, so that the citizens will have a voice in what goes on.



    What was this treasurer’name? I believe I know but tell us.
    That was a great explanation of why we now have this water problem.



    Well, I’ve decided to put my “two cent’s worth” in.

    I am against incorporation.

    Now, I wholeheartedly agree that the POA used to give the appearance of being poorly run. What the actual facts are today is anyone’s guess. They might really be doing a lot of good stuff behind the scenes that we don’t see.
    On the ‘plus’ side….
    I see a lot more real work- drainage work, paving, etc- being done now than there was in years past. I went through the building-permit process for an outbuilding a couple of years ago, and the people I dealt with were courteous and decent, although I don’t think the fees should be set up as they are, with the building-permit operation set up as a ‘profit center’.

    But some things I do see does give me some doubts.
    Some examples that come to mind are….
    -The 20% 2004 dues increase with no discussion, no explaination, no meeting minutes published in the ‘official’ paper edition ‘DHNews’, no information as to who voted for and against the latest dues increase or why…
    -bickering upon bickering (although there seems to be a lot less of it than there was a few years back… is there really more cooperation, or are we all getting the ‘mushroom treatment’?….
    -the water/sewer system fiasco (I remember it well, and we’ll all be paying for it for many years to come) although when I have dealt with the water people in the last couple of years, they have been pretty decent… we just got (in my opinion) royally screwed by a New Orleans lawyer a few years ago…
    -lawsuit after lawsuit either against the POA or the POA going after somebody, in either situation with the attorney’s ‘meter’ ticking over at who-knows-how-many-hundred-dollars-per-hour (and guess who gets to pay for that!)…..
    the list of past blunders and fiascos goes on and on.

    However, incorporating Diamondhead will add another layer of government IN ADDITION TO the several layers we already have… Federal Government, Mississippi State government, Hancock County government, & Diamondhead POA.

    Understand this! The POA, with all its problems, is not going to magically ‘morph’ into this shining city government where everything is somehow magically handled so as to suit everybody.

    A city government will bring all the typical city taxes and restrictions, but it will be IN ADDITION TO all the existing POA costs and restrictions.

    I want to see ths place do well. I’ve lived here a long time. I believe that adding another layer of bureacracy is NOT the way to fix it!
    It seems to me that the way to fix it is to improve the organization that we have… the POA.

    All others, join in! Don’t be shy!

    Jim Jelinski



    I’ll do better than that. A picture is worth a thousand words .

    Hopkins even had the gall to state on a now defunct web site that he had contributed thousands of dollars to Diamondhead when in fact he has cost the community millions.

    Oh and if you see him, tell him about this posting. We would love to depose him, but it seems the POA attorney (that’s right, your dues at work, protecting an individual in a private matter ) refuses to allow the good colonel to speak under oath.



    Oh well, just another reason for everyone who pays their dues to be sure that they attend the board meeting and make your vote heard to get rid of all the members of the current board that are allowing such atrocities to occur. We, as residents can’t take much more of this without revolting, like our forefathers of the 18th Century! Although the dues aren’t taxes, we might as well consider them as such, for it seems we have “taxation without fair representation”. Just another observation and recommendation from me. KEEP UP THE GOOD WORK EDITOR! SPEAKING FOR MOST OF US WHO PARTICIPATE IN THIS FORUM, I WOULD LIKE TO CONGRATULATE YOU ON A JOB WELL DONE. YOU ARE KEEPING US INFORMED WITH THE TRUTH OF WHAT IS GOING ON HERE AND THE TRUTH WILL PREVAIL IN THE END.



    All power corrupts. The rules requiring openness for municipal corporation functions help keep this truism in check by maintaining public scrutiny.
    Adding a governmental structure to Diamondhead would not be a direct, immediate economy move, but would provide enforceable openness to the governance of Diamondhead so as to enable member information and participation. If we are happy with the current system of management and governance lets keep our current format. If we believe that public participation would improve Diamondhead lets at least study establishing a municipal corporation. But don’t waste time studying it as a way to cut costs.



    I enjoyed reading your remarks about DH and incorporation. You are indead a very wise man and you hit the nail right on the head with what you had to say. I wish we had a lot more people who think and feel like you. Thanks for your thoughtful comments on such an important subject. Al Hermann



    I agree with the fact that it is mandentory that we know what all incorerating consist of. I myself have heard so many versions which is right.I believe thier is a group studing incorperation let have a gathering and let them enlighten us on thr good and the bad of this for all of Diamondhead.



    Diamondhead incorporation lawsuit is illegal and unethical
    The board of directors of the Diamondhead Property Owners Association diverted tens of thousands of dollars of POA dues from their chartered purpose to finance a project in which they have a personal interest: the incorporation of Diamondhead as a city.
    The POA is a nonprofit corporation chartered under the laws of Mississippi. The charter is power- and purpose-specific and states that the power of the corporation is limited to what is “reasonably necessary to accomplish the purpose of the association.” The purpose of the association is “devoted to the improvement of the Diamondhead development and to the operation and maintenance of the common recreational facilities and guard and security services.” There is nothing in the charter that would allow the POA to fund the establishment of a city government as a legitimate purpose of the corporation.
    POA dues are not voluntary! Members have to pay dues to accomplish the chartered purpose of the association, and neither the board of directors nor the membership has the right or power to violate the charter.
    By going beyond their power and misappropriating POA dues, the board members have involved themselves in a conflict of interest, violated their fiduciary obligation to the property owners who elected them, and violated the state statute that says they must always “act in the best interest of the corporation.”
    Now, by filing their petition for incorporation with unclean hands, they are asking the court and the secretary of state to be a party to their violations.
    Tom Leader



    Did anyone read the list of projects that the Federal Government provided funds for after Hurricane Katrina? Our Governor stated that the municipalities must complete the projects or the money will be returned to the Federal Government. Listen! Diamondhead residents who opposed the incorporation! We could have gotten the millions that other municipalities on the coast are getting, but no, some of the old guard members of Diamondhead would rather we struggle to meet expenses, which never occurs and of course results in higher and higher dues. Diamondhead will begin to deteriorate soon if the Judge does not decide in favor of incorporation, because those of us who moved here 5-10 years ago will have to move if we do not get out of the oppressive dues. I would rather pay taxes than the exorbitant dues to provide the improvements and infrastructure that we need in Diamondhead. At least the property tax can be deducted from our income tax. Also, with incorporation, we will have oversight over how our taxes and dues are spent and state audits will insure that the money is legally spent. If the Judge rules not to incorporate, those of us in favor must unite to fight for the incorporation again soon.



    To 2Ricks,

    It is my understanding that the flavor of incorporation that is being proposed for Diamondhead states that the streets will remain PRIVATE. It is also my understanding that as such, the “city” of Diamondhead will not be eligible for any federal or state money for street maintenance and repair. How screwy is that? Have you EVER heard of an incorporated city with private streets anywhere in the USA?
    So, if the streets of the city of Diamondhead are private where do you think the funds required for street maintenance will come from? You guessed it, our ever-increasing POA dues!!! And we get the privilege of paying additional taxes to city of Diamondhead on top of that. Sounds like a GREAT plan to me. (Please excuse my sarcasm). Why in the world would an incorporated city have private streets? Someone please enlighten me to the benefits of such a porposal.



    The answer is simple. Golf Carts


    wayne king

    Yup, never have so many, given so much, for so few. About 400 to 800 ardent golfers in Diamondhead absorb the majority of the POA fees paid by about 5000 residents of diamondhead, who only play occasionly, or not at all. If someone has better figuers I will gladly accept them. The greater the deficit is in the Golf Course operations the greater the benefit these ardent golfers receive because the rest of us are paying it off without receiving the benifit of playing many rounds of golf. It would be like going to the country club for a free dinner 3 times a week, and anyone playing golf multiple times a week couldent do it unless they pay for their meal. There are many obvious fair ways to eliminate this problem, however none are dwelled into because they all come back to a surcharge for a round of golf to reduce the deficit. All courses in the area can tell you the average of how many rounds are played in any given week or holiday, not Diamondhead. Why, well the results would only make you feel worse about the deficit and the amount any occasional golfer or nongolfer is paying in POA fees so frequent golfers play cheap golf at their expense. Just divide the number of rounds played annualy into the annual Golf Ops amount and you get cost per round. Simple isent it, thats what should be paid to play a round golf. The POA curently maintains this fiasco and private streets in a city are just another part of it.



    So we will have a city that will have to rely on our POA dues for street maintenance because someone thought it was a good idea to keep the streets private so that a few residends will still be able to ride their golf carts around on the streets.
    How could anyone with even half a brain think that this is a good idea? Is it just me, or is anyone else out there outraged at this preposterous proposal?

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