DCC&POA Warned About Liens

The discovery of over one hundred documents filed with the Hancock County Chancery Clerk’s office has prompted the Diamondhead News Online to initiate an investigation on the Diamondhead Country Club and Property Owners Association practice of clouding a property owners’ title to their home.  We will be looking at all “liens”, where and how they were filed along with who is paying dues and who is exempt, and are all property owenrs being charged fairly and equally.

 

Recent revelations about the Diamondhead Country Club and Property Owners filing so-called “liens” against property in the common interest community has prompt further investigation in to the practice.

In 1986 the Diamondhead Country Club and Property Owners Association was in its infancy. Less than a fifth of properties were sold by the Purcell Corporation and even fewer were occupied. Even at this early stage of development, the collection of fines levied by the nonprofit corporation seemed to be a problem.  At that time Diamondhead was merely an unincorporated extension of Bay St. Louis. (See the address in the letter below).  The nonprofit corporation was tasked, by virtue of the mandated transfer of recreational properties under the Interstate Land Sales Full Disclosure Act along with the subsequent document known as the Diamondhead HUD REPORT, for the sum of one dollar. The items listed in the report were golf courses, country club, swimming pools, stables and tennis complex. These obligations created an obligation to fund these facilities.  Seeking a remedy, the management conferred with a local law firm to supply a legal weapon to enforce rules and regulations in the common interest community and the power to lien properties that would not pay. In its legal opinion, the law firm warned that proper procedures must be followed to collect the fines and that a written set of rules and a payment schedule with proper legal structure be adopted.

 

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