POA and Lawsuits

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This topic contains 4 replies, has 308 voices, and was last updated by  jkbates 4 years, 3 months ago.

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  • #3089

    jkbates
    Member

    I thought you might like to hear the view of an ex POA member and a person that has escaped back into the free world. I use the word escaped because where we lived it wasn’t easy to get market value for your home. In fact, the same type of home in any of the near by towns would bring a much better price and would also take much less time to sell. I have friends in the POA that have had their homes on the market for years, and they are asking below market if the home was anywhere else.

    Here are my thoughts:

    Lawsuits are the way of any POA. It is a way for one member with an axe to grind with another member. All you need to do is have any small beef with someone on the golf course and the day that person becomes a board member is the day your troubles begin. As with all private government, you are guilty until proven innocent. It all comes down to paying legal fees for civil matters to protect the “rights” you thought you had. Because all these rights are spelled out in a contract, it all falls under contract laws. In fact, if you look close, there are very few rights spelled out in these contracts. It is all about control and limiting use of land along with being putting you subject to your neighbor who is now on the BOD.

    I lived in a Diamondhead property for over 15 years and my exit involved some of the stupidest expenses of a POA that I have ever seen. The POA spent over 100K in legal fees and we were fighting for our rights or rights for over two years in a civil court. A civil court that views these matters as a tempest in a tea pot, and a waste of the courts time. In our case, the POA decided after over two years that they didn’t really want to go to court on some of the issues. Thus we arrive at the settlement. A settlement that is now a part of every abstract on the property because they didn’t want us or any of our family to ever purchase, or rent property again. A settlement that took POA dues and purchased all our property at full market value, or maybe over market value because they sold the home for less than they paid for it.

    After this crazy experience I have a few thoughts on the matter. Privatized government doesn’t work because it doesn’t have the same safe guards that real government has. It is nothing more than government by contract and encumbers ownership of your property. It is only a matter of time before the BOD personality changes and your problems or dissatisfaction begins. If you dare to stand up against any abuse of power, you will find yourself fighting a financial battle with the POA funded BOD. You may be right and you may even win the case, but it will take years of your life and lots of money. You might also keep in mind that being right doesn’t mean you will win in a civil court.

    Our case is over and we have lived back in the free world for over three years now. There is no way you could get us or anyone that is familiar with our case to move into a POA controlled property.

    #3088

    osprey797
    Member

    What a pleasure it is not to live in Diamondhead any more. Katrina was a blessing in disguise, even if she took almost everything we had. She made us realize that Diamondhead was not the paradise we thought it was when we moved there 22 years ago. That was before certain POA BOD members and their cronies and lackies moved in and started all the crap they are known for.

    Thank you Katrina and Dickie Scruggs and company.

    #3091

    jkbates
    Member

    I might also mention an interesting turn of events about our BOD. They spent so much time focused on trying to get us out that they didn’t see the takeover by an outside group. Within a year after the lawsuit, the entire BOD was removed by this outside group. My enemy’s enemy is my friend. As it stands now, the current BOD is friendly and two of them are close friends. In other words, we are now welcome on the property by the current leadership and visit the resort on occasions. Don’t get me wrong, you couldn’t get us to move back for love or money. It is only a matter of time before the character of the BOD and POA will change. Just ask the old BOD how they like privatized government now that it isn’t them? I know what their answer is without even asking because they are now the ones fighting and complaining. The old BOD have years of torment ahead of them because members remember what they did as board members and will grind that axe against them for it. It is the nature of the beast. I have to admit that I take some joy in their torment, but I know I shouldn’t.

    #4611

    Squaredeal
    Member

    Lucky you, I am looking for the day I can get away from this place..meth, cocaine, and thugs inhabit Diamondhead anymore, and this Police Dept?..Good for a laugh.I hope my home sells soon, I took 40 grand off the appraisal.

    #4722

    OhReally?
    Member

    That Diamondhead Resort has got to go!!! Menace to society!!!

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