Rules & Regulations

 

DIAMONDHEAD COUNTRY CLUB ANDPROPERTY OWNERS ASSOCIATION, INC.

BYLAWS, RULES AND REGULATIONS, AND COVENANTS

 

(Revised February 2009)

OVERVIEW

  • The Bylaws govern the operation of the POA. See pages 2 through 19.
  • The Rules and Regulations govern the operation of the POA and the amenities owned by the POA. See pages 20 through 42.
  • The Covenants regulate use of the individual lots. See pages 43 through 45.

DIAMONDHEAD COUNTRY CLUB & PROPERTY OWNERS ASSOCIATION, INC.

BYLAWS

(Revised June 2005)

ARTICLE 1. PURPOSE

Diamondhead Country Club and Property Owners Association, Inc., a Mississippi nonprofit corporation, herein referred to as “the Corporation,” shall conduct its affairs for the mutual benefit of the membership hereof and for the civil improvement, operation, maintenance, management, ownership, buying, selling, and handling of the common facilities, areas, roads, streets, country club, yacht club, recreational facilities, and guard and security service of Diamondhead.


ARTICLE II. MEMBERSHIP

Section 2.1 Persons Who Shall Be Members. The membership of the Corporation shall be the owners or purchasers of real property in the Diamondhead development in Hancock County.

Section 2.2 Membership Inseparably Appurtenant to Real Property owned or being purchased. Membership in the Corporation shall be inseparably appurtenant to real property owned or being purchased by members and upon the transfer of ownership or the making of a contract for the sale of such real property, the membership appurtenant thereto shall be deemed to be transferred to the contract purchaser or grantee. No membership may be conveyed or transferred in any other manner whatsoever.

Section 2.3 No Member May Withdraw Except by Transfer of Title. No member may withdraw except by transfer of title or upon contracting for the sale of the real property to which such membership is appurtenant.

Section 2.4 Member in Good Standing. A member in good standing is defined as a member who is not more than thirty (30) days past due in the payment of charges and/or assessments to the Corporation and who is not in violation of the declaration of Restrictions, Conditions, Easements, Covenant, Agreements, Liens, and Charges (“Declarations”) affecting the lot or lots of which the member has received written notice from the Corporation or the Architectural Committee (as provided for in the Declaration) describing the violation which (I) provides the member a thirty (30) day period to correct the violation and (II) provides the member the opportunity to appear before the Architectural Committee in the event that the member requests a hearing in writing. If a hearing is not requested, the member shall be deemed in violation after the thirty (30) day period provided. If a hearing is requested and the Architectural Committee unanimously determines the member to be in violation after the hearing, it shall provide the member an additional period of not less than thirty (30) days, but not more than ninety (90) days to correct or remedy the violation. If the violation is not corrected in the period specified, the member shall be deemed to be in violation, a violation shall be deemed to be remedied if the member receives a variance from the Architectural Committee as to the conditions causing the violation of the Declaration.

Section 2.5   Member Not in Good Standing. Except as provided by Section 3.7 hereof a member who is not in good standing shall be suspended from (I) the right to vote on such matters which may come before a membership meeting and (II) all other privileges associated with the membership in the Corporation including the privilege to the common facilities of the Corporation, including the golf courses, country club, yacht club, marina, swimming pools and other recreational facilities.

ARTICLE III. MEMBERSHIP MEETINGS

Section 3.1 Annual Meetings.  There shall be an annual meeting of the members of the Corporation, which meeting shall be held on the third Saturday in June in each year, or as near to that date as practical for the transaction of such business as may come before the meeting. Officers and Directors shall be elected at the annual meeting coinciding with the expiration of their term in office.

Section 3.2 Special Meeting. A special meeting of the members of the Corporation may be called at any time by a majority of the Directors, the President, or by at least ten percent (10%) of the members of the Corporation except as otherwise provided by statute or in the articles of incorporation or any amendment thereto.

Section 3.3 Place of Meeting. All meetings of the members of the Corporation shall be held in Diamondhead Subdivision, Hancock County, Mississippi.

Section 3.4 Notice of Meeting. Except as otherwise required by statute, notice of each meeting of the members, whether annual or special, shall be given not less than thirty (30) nor more than sixty (60) days before the day on which the meeting is to be held to each member of record by delivering a written or printed notice thereof to each member, personally, or by mailing such notice, postage prepaid, addressed to such member at the post office address registered with the Corporation. In the case of special meetings, no business other than that specified in the notice of meeting shall be transacted at such special meeting.

In the case of annual meetings, any motion which would have the effect of rescinding or amending a prior action of the Board of Directors must be submitted to the Secretary in writing, and such motion must be distributed to the entire membership for consideration and vote either in person or by proxy.

Section 3.5 Waivers, etc.  Anything herein contained to the contrary notwithstanding, notice of any meeting of the members of the Corporation shall not be required as to any member who shall attend such meeting in person or by proxy; and, if any member of the Corporation shall in person, or by attorney duly authorized, waive notice of any meeting, whether before or after such meeting, notice thereof shall not be required as to him.

Section 3.6 Quorum.  At all meetings of the members of the Corporation (except as otherwise provided by statue, by the articles of the Corporation, or by the bylaws), presence, in person or by proxy duly authorized of fifteen (15%) percent of the members shall constitute a quorum for the transaction of business; but, in the absence of a quorum a majority of the members present in person or by proxy may adjourn from time to time, but not for a period of more than thirty (30) days at any one time, until a quorum shall attend. At any such reconvened meeting at which a quorum shall be present, any business may be transacted which might have been transacted at the meeting as originally called. No notice of any reconvened meeting need be given.

Section 3.7 Voting.  Each member in good standing of the Corporation shall be entitled to cast one vote for the election of Officers and Directors; provided, however, that not more than one vote shall be cast for any one parcel of property, regardless of the number of co-owners thereof. On any matter other than the election of Officers and Directors which may come before a membership meeting, members in good standing shall be entitled to cast one vote for each parcel of property owned by them and upon which assessments are being charged (other than exempt developer lots). The vote for any parcel of real property owned or being purchased jointly by husband and wife may be cast by either spouse. The vote for any real property being held by or being purchased by more than one person under some form of joint of several ownerships other than between husband and wife may be cast by any one of such persons upon presentation of written authority. Except as herein or in the Certificate of Incorporation otherwise provided, all Corporate action shall be determined by vote cast by a majority of the membership present in person and/or by proxy at a meeting at which a quorum is present.

A secret ballot procedure for Property Owners Association members to vote will be followed for the election of officers and directors and approval of propositions at the annual corporation meeting

Section 3.8 Proxy. Each member of the Corporation may vote by proxy, which is dated and signed by the member and duly filed with the Secretary of the Corporation prior to any annual or special meeting. The executed proxy shall contain the POA member’s full name and POA membership number to whom the proxy is appointed. If the appointed Member is not in good standing or if the proxy is unassigned, the ballot will only be considered for quorum qualifying purposes only and counted as one (1) ballot. No proxy shall be voted ninety (90) days after its date.

Section 3.9 Conduct. All regular and special meetings of the membership of the Corporation shall be conducted on conformance with Roberts Rules of Order.

ARTICLE IV. OFFICERS

Section 4.1 Members Shall Elect Officers of Corporation.  The members of the Corporation shall elect the officers of the Corporation. At any election, the person receiving the greatest number of votes for any particular office shall be elected.

Section 4.1 (a) Elections. Each candidate shall have the right, along with not more than two (2) designated members in good standing or their attorney, to observe and monitor all phases of the election process. The Secretary shall have the authority to determine if a member is in good standing and qualified to vote either in person or by proxy, and the number of votes such person shall be entitled to vote. The Secretary, with the consent of the Board, shall be appointed as Election Chairperson and shall conduct the election in accordance with election procedures. If the Secretary’s name appears on the ballot, the appointment of Chairperson and the duties thereof shall be passed to a current Board member, with the consent of the Board, whose name does not appear on the ballot.

Section 4.2 Officers.  The elected officers of the Corporation shall be a President, a Vice President, a Secretary, and a Treasurer. No person may hold more than one elected office at a time. All officers must be members in good standing of the Corporation.

Section  4.3 President.  The President shall be the general executive and administrative officer of the Corporation. The President shall preside, when present, at all meetings of the members of the Board of Directors. Subject to the approval of the Board of Directors, he shall have power to sign membership certificates; to fix the compensation of all officers, executives, employees and agents; to appoint agents and employees of the Corporation whose appointment is not otherwise provided for; to remove or suspend such agents or employees as shall not have been appointed by the Board of Directors; and to exercise all the powers usually appertaining to the office of President of a corporation.

Section 4.4 Vice President.   The Vice President shall perform all such duties and services as shall be assigned to or required of the Vice President, from time to time, by the Board of Directors or the President and shall act in the place of the President, exercising all his/her powers and performing his/her duties, during his/her absence or disability.

Section 4.5 Secretary. The Secretary shall attend to the giving of notice of all meetings of the members and of the Board of Directors and shall keep and attest true records of all proceedings thereat. The Secretary shall have charge of the corporate seal and have authority to attest any and all instruments or writings to which the same may be affixed. The Secretary shall keep and account for all books, documents, papers and records of the Corporation, except which are hereinafter directed to be in charge of the Treasurer. The Secretary may designate agents to assist the Secretary in the performance of these duties.

The Secretary shall have authority, whenever directed to do so by the Board of Directors, to sign membership certificates and shall generally perform all the duties usually appertaining to the office of Secretary of the Corporation.

Section 4.6 Treasurer.   The Treasurer shall have the care and custody of all monies, funds and securities of the Corporation, and shall deposit or cause to be deposited all funds of the Corporation and with such depositories as the Board of Directors shall, from time to time, direct. The Treasurer shall have power to endorse for deposit or collection, or otherwise, all checks, drafts, notes, bills of exchange or other commercial paper payable to the Corporation, and to give proper receipts or discharges therefore. The Treasurer shall keep all books of account relating to the business of the Corporation, and shall render a statement of the Corporation’s financial condition annually and/or whenever required to do so by the Board of Directors or the President. The Treasurer shall furnish to the auditing firm appointed by the Board of Directors all information required to make an annual audit. The Treasurer may designate agents to assist the Treasurer in the performance of these duties.

The Treasurer, in conjunction with the General Manager, shall prepare a budget for the following year and submit it to the Board of Directors not later than October 1 of each year.

Section 4.7  Additional Powers and Duties. In addition to the foregoing especially enumerated duties and powers, the several officers of the Corporation shall perform such other duties and exercise such further powers as may be provided in these bylaws or as the Board of Directors may, from time to time, determine.

Section 4.8  Term of Office.   The officers of the Corporation shall hold office for two years and until their respective successors are elected. As the term of each officer expires, the members shall, at the annual meeting of the year of expiration of such term of office, elect successors to such offices.

Section 4.9 Removal.   An officer of the Corporation shall not be removed from office except for cause. In order to remove an officer from office for cause, a special meeting of the members must be called for that purpose and at such a meeting a majority of the members of the Corporation present and/or voting by proxy must vote for such removal.

Section  4.10 Vacancies.   If a vacancy occurs in any office, a special meeting of the members may be called for the purpose of electing a successor; or, the Board of Directors may appoint a successor to fill the unexpired term if such unexpired term is for twenty-four (24) months or less.

Section 4.11 Elected Officers Shall Be Members of the Board of Directors. The officers of the Corporation shall also be members of the Board of Directors of the Corporation. When any person is elected an officer, he/she shall automatically become a member of the Board of Directors and, except for the outgoing President, when such person is no longer an officer, for any reason, he/she shall automatically cease to be a member of the Board of Directors.

Section 4.12 Compensation of Officers. The officers shall receive such salary or compensation as may be fixed by the Board of Directors only after recommendation to an approval by the membership.

ARTICLE V. DIRECTORS

Section 5.1 Number and Qualifications. The Board of Directors shall consist of eleven (11) members, all of whom shall be at least 21 years of age. All members of the Board shall also be members in good standing of the Corporation. The four elected officers shall automatically be members of the Board of Directors, and the immediate Past President shall also be a member of the Board until he/she is replaced by the succeeding Past President. There shall be six (6) other members of the Board of Directors in addition to the four officers and the immediate Past President.

Section 5.2 Manner of Election. The members of the Corporation shall elect the six (6) non-officer directors of the Corporation. At any election, the three (3) candidates receiving the greatest number of votes shall be elected.

Section 5.3 Term of Office. The terms of office of each non-officer director shall be as follows:

At the 1984 election of the Directors, the three candidates receiving the highest number of votes shall serve for four (4) years. The other three candidates elected shall serve for two (2) years. At the following election, membership meeting, and thereafter, three candidates shall be elected for four (4) year terms.

Section 5.4 Duties and Powers. The Board of Directors shall have control and management of the affairs and business of the Corporation. The directors shall in all cases act as a board, regularly convened and, in the transaction of business, the act of the majority present at a meeting, except as otherwise provided by law, or the Certificate of Incorporation, or these bylaws shall be the act of the Board, provided a quorum is present. The directors may adopt such rules and regulations for the conduct of their meetings and the management of the Corporation as they may deem proper, not inconsistent with law or these bylaws. The Board of Directors is specifically charged with enforcing the Association Rules and Bylaws to include enacting penalties or other disciplinary action against violators. Dues or special assessments must be approved by at least 2/3 of all the members of the Board at a regular meeting or at a special meeting called for that purpose. (Note: this means 8 members). The Board shall employ a reputable CPA firm to make an annual financial audit.

The Board will prepare a budget and publish it in the December Newsletter each year for the following year.

The Board of Directors shall select an auditing firm so that the annual audit is completed not later than 90 days after the close of the fiscal year.

Section 5.5 Meetings.   The Board of Directors shall meet for the appointment of committees and for the transaction of any other business as soon as practicable after the adjournment of the annual meeting of the members, and other meetings of the Board shall be held at such times as the Board may from time to time determine. In addition, the Board shall hold an open meeting on the third Friday of each March and October.

Special meetings of the Board of Directors may be called by the President at any time; and he must, upon the written request of any three directors, call a special meeting to be held not more than seven (7) days after the receipt of such request.

Section 5.6 Notice of Meetings. Notice of special meetings shall be served upon each director in person or by mail addressed to him at the last known post office address, at least two days prior to the date of such meeting, specifying the time and place of the meeting and the business to be transacted thereat. At any meeting at which all of the directors shall be present, although held without notice, any business may be transacted which might have been transacted if the meeting had been duly called.

Section 5.7 Place of Meeting. All meetings of the Board of Directors shall be held within the Diamondhead Subdivision, Hancock County, Mississippi.

Section 5.8 Quorum. At any meeting of the Board of Directors, except as otherwise provided in these bylaws, the presence of a majority of the Board shall be necessary to constitute a quorum for the transaction of business. However, should a quorum not be present, a lesser number may adjourn the meeting to some further time, not more than seven (7) days later.

Section 5.9 Voting.   At all meetings of the Board of Directors each director shall have one (1) vote.

Section 5.10 Compensation.   Reimbursement of expenses incurred for legitimate corporation business may be approved by the Board of Directors upon receipt of an itemized statement from such Director.

Section 5.11 Vacancies. If any vacancy occurs in any non-officer directorship, or in the immediate Past President directorship, a special meeting of the members may be called for the purpose of electing a successor; or the Board of Directors may appoint a successor to fill the unexpired term if such unexpired term is for twenty-four (24) months or less.

Section 5.12 Removal of Directors.   Non-officer Directors and the immediate Past President director shall not be removed from office except for cause. In order to remove a non-officer director or the immediate Past President director from office for cause, a special meeting of the members must be called for that purpose and at such meeting a majority of the members of the Corporation present in person and/or by proxy must vote for such removal.

Section  5.13 Resignation.   Any director may resign his office at any time, such resignation to be made in writing and to take effect when the written resignation is received at the Association office.

Section 5.14 Qualifying as a Candidate for the Office of Directors and Officers. On or before midnight April 1 of any year during which a regular election of Directors and Officers will be conducted, any member in good standing of the Diamondhead Country Club and Property Owners Association, Inc., may qualify as a candidate for Director or Officer by filing a written notice with the Secretary at the business office of the Corporation. In the event April 1st falls on a weekend, Saturday or Sunday, the deadline shall be extended to midnight of the next business day following April 1. No candidate shall run for more than one office. All candidates’ names shall appear in alphabetical order on the ballot for the election at the Annual Membership meeting. Each person’s name appearing on the printed ballot may submit a personal resume not to exceed one hundred (100) words describing their background and qualifications and this resume shall be distributed to each member of the Corporation in its monthly newsletter. No recommendations or expressions of preference shall be shown on the ballot or in any piece of literature mailed to the membership by the Corporation.

ARTICLE VI. ENFORCEMENT OF RULES AND REGULATIONS

Section 6.1 Administration.

  1. The officers, management staff, security personnel and other authorized agents of the Association are charged with the responsibility of administering and enforcing the rules and regulations as may be, from time to time, adopted by the Board of Directors.
  2. The Board of Directors will appoint a committee who will receive, review, respond and act on all written complaints from all committees, members, management staff, security personnel and other authorized agents of the Association. This committee will meet on a regular basis at a specified time, or where urgent action is considered necessary, the committee may call a special meeting to take action.

Section 6.2 Actions.

  1. Initiation of a complaint will result in a citation being issued stating the alleged offender’s name, address (if known), the date, time and nature of the violation, the name of parties making the complaint and the advice that the matter will be presented to the committee at their next meeting and that the accused may appear at that time or submit a written statement for the committee’s information.
  2. The committee will authenticate the accuracy of the complaint and offer the accused person(s) the opportunity to appear before the committee or to offer a written statement to be considered by the committee. No action by the Committee will be taken until the accused person(s) have been given the opportunity to appear or offer a statement to the committee.
  3. If the person is found to have violated the rules and regulations as specified, the committee will assess appropriate penalties as considered necessary as shown in section 6.3
  4. A person found to have violated the rules and regulations may appeal the action to the Board of Directors at their next regular meeting provided he has previously made either an appearance before the committee or offered a written statement to the committee at its hearing on his case. If no appeal is made within ten (10) days of the committee’s action the action of the committee will be final.

Section 6.3. Penalties. Violations of Rules & Regulations are subject to suspension, fines or assessments as set forth in the Diamondhead Country Club & Property Owners Association, Inc. Rules and Regulations, Section III. Penalty Assessments.

ARTICLE VII.   MISCELLANEOUS

Section 7. 1 Indemnification of Officers, Directors, Employees and Agents.

  1. This Corporation shall indemnify any person who was or is a party or threatened to be made a party to any threatened, pending or completed claim, action, suit proceeding, whether civil, criminal, administrative or investigative, including appeals (other than an action by or in the right of the Corporation) by reason of the fact that he is or was a director, officer, employee or agent of the Corporation, or is or was serving at the request of the Corporation as a director, officer, employee or agent of another corporation or joint venture against expenses (including attorney’s fees), judgments, fines and amounts paid in settlement actually and reasonably believed to be in, or not opposed to, the best interests of the Corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful.The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a plea to nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interest of the Corporation, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
  2. This Corporation shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed claim, action or suit by or in the right of the Corporation to procure a judgment in its favor by reason of the fact that he is or was a director, officer, employee or agent of the Corporation, or is or was serving at the request of the Corporation as a director, officer, employee or agent of another corporation or joint venture against expenses (including attorney’s fees) actually and reasonably incurred by him in connection with the defense or settlement of such action or suit if he acted in good faith and in a manner he reasonably believed to be in or not opposed to be the best interests of the Corporation and except that no indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his duty to the Corporation unless and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper.
  3. To the extent that a director, officer, employee or agent of the Corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in subsections (a) and (b) or in defense of any claim, issue or matter therein this Corporation shall indemnify such person against expenses (including attorney’s fees) actually and reasonably incurred by him in connection herewith, notwithstanding that he has not been successful on any other claim, issue or matter in any such action, suit or proceeding.
  4. Any indemnification under subsections (A) and (B) unless ordered by a court – shall be made by the Corporation only as authorized in the specific case upon a determination that indemnification of the director, officer, employee or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in subsections (A) and (B).Such determination shall be made (1) by the Board of Directors by a majority vote of a quorum consisting of directors who were not parties to, or who have been wholly successful on the merits or otherwise with respect to such claim, action, suit or proceeding, or (2) if such a quorum is not obtainable, or even if obtainable a quorum of disinterested directors so directs, by independent legal counsel in a written opinion, or (3) if not made in the instance provided or in (1) or (2) above, by the members.
  5. Expenses (including attorney’s fees) incurred in defending a civil or criminal claim, action, suit or proceeding when authorized in the manner provided in Subsection (D) may be paid by the Corporation upon receipt of an undertaking by or on behalf of the director, officer, employee or agent to repay such amount if and to the extent that it shall ultimately be determined that he is not entitled to be indemnified by the Corporation as authorized in this section.
  6. The indemnification provided for herein shall not be deemed exclusive of and shall be in addition to any other rights (whether created prior or subsequent to the adoption of this Article of the Bylaws) to which those indemnified may be entitled under any statute, rule of law, provision of articles of incorporation, bylaws, agreement, vote of stockholders or disinterested directors or otherwise, both as to action in his official capacity and as to action in another capacity while holding such office, and shall continue as a person who has ceased to be a director, officer, employee or agent and shall inure to the benefit of the heirs, executors and administrators of such a person.


Section 7.2 Surety Bonds.
 The Treasurer and such other officers or agents of the Corporation as the Board of Directors may direct, from time to time, shall be bonded for the faithful performance of their duties, in such amounts and by such surety companies as the Board of Directors may determine. The premiums on such bonds shall be paid by the Corporation, and the bonds so furnished shall be in the custody of the Secretary.

Section 7.3 Seal. The Corporate Seal shall be circular and in the form affixed hereto. Said seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise.

Section 7.4 Membership Certificates. The Board of Directors may authorize the issuance of certificates to the members of the Corporation evidencing such membership.

Section 7.5  Signature of Negotiable Instruments. All bills, notes, checks or other instruments for the payment of money shall be signed or countersigned in such manner and by such parties as, from time to time, may be prescribed by resolution (whether general or special) of the Board of Directors.

Section 7.6 Severability. The provisions of these bylaws are severable. If any provision hereof is for any reason held invalid, such invalidity shall in no way affect the remaining provisions hereof.

ARTICLE VIII. AMENDMENTS

Section 8. 1 Manner of Amending. Except as may be provided by law, these bylaws may be altered, amended, repealed or new bylaws adopted. Amendments to the Bylaws of the POA require the approval by the members of two-thirds (2/3) of the votes cast at an annual or special meeting, or a majority of the voting power, whichever is less AND the approval of the Board of Directors, EXCEPT for amendments related to the number of directors, the composition of the board, the term of office of the directors, or the method or way in which directors are elected or selected, which must be approved by members only.

 NOTE:

AMENDMENTS TO BYLAWS MUST BE MADE ONLY IN ACCORDANCE WITH MISSISSIPPI LAW FOR NONPROFIT ASSOCIATIONS.

DIAMONDHEAD COUNTRY CLUB & PROPERTY OWNERS ASSOCIATION, INC.

RULES AND REGULATIONS

(Revised February 2009)

Rules and Regulations pertain to the Country Club, Yacht Club, Community Center, Golf Courses, Marina, Picnic Parks and Recreation Areas, Tennis Facilities, Pools, Lakes, Parks, Roads, Airport and all other amenities belonging to Diamondhead Country Club and Property Owners Association, Inc. (Hereinafter referred to as Association). Changes will be made by the Board of Directors and are intended to provide for efficient operations and to benefit the majority of the membership. The Board of Directors reserves the right to add to or change all or any portion of these Rules and Regulations from time to time without prior notice. Changes will be made known to the members through the “Diamondhead News” as soon as possible after the rule has been invoked or changed.

I. GENERAL

A. IDENTIFICATION

  1.  “Member” – shall include the named property owner, his or her spouse and any unmarried dependent children under the age of 21 years. Persons entitled to member privileges will be provided with a numbered identification card and are required to show it along with a driver’s license or other I.D. upon request by employees. These cards are not transferable.
  2. “Guest” – any non-member.
  3. “Resident Guests” – include persons staying overnight in homes of resident members and persons who may be renting homes or condos located in Diamondhead and not accompanied by the member while using the amenities.  “Guest accompanied by the member” – persons accompanied by the member while using the amenities.
  4. Guest cards may be issued at the request and authorization of a member, the Association or Purcell Co., by the Administration office for a specific individual and are not transferable and expire on dates set forth on card. Blanket or blank guest cards are not issued.
  5. Guests will pay all fees associated with use of facilities. Guests may be restricted in making reservations for use of certain facilities in order to protect usage by members (e.g., special club functions, certain holidays).
  6. Members are responsible for the acts of, and debts incurred by their family members and/or guests


B. CONDUCT

  1. Members, their families and guests are expected to conduct themselves in a manner considerate of others at all times. Loud talking, profanity and unruly behavior interfere with the pleasure of others and reflect unfavorably upon the reputation of the association and its members.
  2. Association personnel have been instructed not to serve a person who, in their judgment, appears to be intoxicated.
    1. Members or guests shall not be admitted or permitted to remain on the premises of the clubs or any facility if it is determined by Association personnel in charge that the member or guest is in an intoxicated condition.
    2. Members and guests shall adhere to non-smoking areas.
    3. Neither members nor guests may reprimand Association employees for any purpose, but shall report all complaints to the manager of the facility where the employee works, the General Manager, or Board.
    4. If any guest of a member shall be in violation of any of the above sections, and the member is not present, the member shall be notified in writing on the next earliest working day.
    5. A 10:00 P.M. curfew is established for anyone seventeen (17) and under on Sunday through Thursday and 12:00 Midnight on Friday and Saturday.


C. PAYMENT

  1. All charges incurred by the member or his guests must be paid for when purchased. Payment may be made in cash, by check, or charged on those nationally recognized credit cards acceptable at the Clubs and facilities.
  2. Members whose assessments are 30 days or more past due will be treated as guests and pay fees accordingly.


D. PRIVATE USE OF FACILITIES

  1. If available, Diamondhead facilities may be used for private functions under the terms and conditions when advance reservations and arrangements are made with the appropriate manager.
  2. Members and guests are not permitted to bring food or beverages into the Country Club, Yacht Club, and Ship Store. Mississippi Alcoholic Beverage Commission laws prohibit anyone bringing alcoholic beverages into or taking alcoholic beverages from licensed premises. Such beverages will be confiscated. Our licensed premises include Country Club and grounds, Grill, Golf Courses, Yacht Club, Marina and Country Club pool.
  3. Alcoholic beverages which are brought to any function at any facility must have the Mississippi License Seal on it.


E. PETS

  1. Pets are not permitted in the clubs, on club grounds, golf courses, or children’s playground area.
  2. Pets are not allowed to run free except on owner’s property. Any animals found running at large may be apprehended and turned over to the Hancock County Animal Shelter or the Diamondhead SPCA and may be reclaimed by the owner only after payment of charges assessed by the organization accepting the animal. This provision includes cats as well as dogs. If the animal, i.e., dog, cat, or other, is not on the owner’s property, it must be on a leash.
  3. Owners are responsible to clean up defecation after their pets.


F. ASSOCIATION PROPERTY

  1. Removal of any Association property, equipment or materials from the Association clubs and other amenities is prohibited without the permission of the General Manager and Approval of the Board of Directors. All such disappearances shall be investigated by our Security and/or Security Committee.
  2. The Association shall not be responsible for loss or damage to member’s property while on Association premises.


G. SOLICITATIONS

  1. Tickets or articles, for other than community related activities, will not be offered for sale in any Association areas.
  2. Handbills and commercial or political advertisements may not be displayed on Association property except for POA elections.
  3. Petitions will not be solicited on POA property except for POA related activities.
  4. Outside solicitors are not allowed on POA property. Solicitors should be reported to Security immediately. Community related solicitation may be permitted with the approval of the General Manager.


H. COMMENTS/SUGGESTIONS

  1. Comments and suggestions regarding Association operations should be reported to the General Manager.
  2. Serious complaints should be made in writing immediately to the General Manager or Board of Directors.


II. ROADS, STREETS AND VEHICLE OPERATION

  1. Roads within the perimeter of Diamondhead, except for the County road, are owned by the Association and are for the use of Diamondhead Property Owners and authorized guests only. Rules established by the Association govern the use of Association streets and roads.
  2. The maximum speed limit within the development for any vehicle is thirty (30) miles per hour. Drivers of all vehicles must drive at a slower speed whenever prudence requires such slower speed, must obey all traffic signs including stop signs and signs specifying a lower speed limit, and must refrain from reckless or negligent driving. They must also obey all state traffic laws, rules and regulations that would apply on state roads. Golf carts and other unlicensed vehicles may be operated on Association roads by licensed drivers only. Any vehicle, including Golf carts and other unlicensed vehicles may be operated on Association roads by licensed drivers only. Any vehicle, including golf carts, operated on association roads, must be operated in a safe manner, and by licensed drivers only.
  3. Vehicles will not be operated off the roads and streets or on golf course, tennis courts, medians, etc. without specific approval of the General Manager.
  4. Vehicle stickers for members and long term resident guests are available at the Administration office.
  5. Vehicles must be parked in designated areas of parking lots at Association amenities.
  6. Parking is prohibited on all the medians (with the exception that in case of a special event or large private party, permission to park in the median must be obtained in advance, from the General Manager).
  7. Vehicles must not be parked on the street, but rather in garages, carports, or driveways at residences. Exceptions will be allowed for overflow guest parking on the street, such as a party or special function. In such instances, vehicles should be parked on one side of and as far off the road as possible so as not to impede traffic, especially emergency vehicles. Property owners should notify Security in advance so they will be aware of such incidences.
  8. Illegal parking – citations will be issued for vehicles illegally parked within Diamondhead. Illegal parking will include locations such as: in front of fire hydrants, fire lanes, outside of designated parking areas at Association amenities, parking on the street (except as excepted in II. G.), and overnight parking in road medians and neutral ground.
  9. Playing on Association roads can be unsafe due to the narrow, hilly nature of these roads. Parents and guardians are asked to limit such play and only when the parent or guardian can personally supervise such activity.
  10. Driving across the median, except at a designated crossover, is prohibited.

 

III. PENALTY ASSESSMENTS

  1. Appropriate fines will be assessed using the fines in use by neighboring communities as a guide. Except in flagrant violations which have or could have resulted in bodily injury or property damage all types of violations and offenses will result in the following penalties and/or fines:
  1. (a) Violation of traffic and driving rules:

            (see page 27)

Speeding: MPH over limit Fine
1-5 Warning to $75.00
6-10 $125.00
11-15 $150.00
16-25 $200.00

 

Above 25 MPH – $10.00 per mph over speed limit
Reckless Driving: $175.00
Stop sign or failure to yield violation: $150.00
Driving without license: $200.00
Allowing vehicle/golf cart to be operated by un-licensed driver: $175.00
Suspended license or suspended driving violation: $200.00
Illegal parking: $75.00
Handicap parking violation: $125.00
Fire lane parking violation: $125.00
Littering: $100.00

                                           

 (b) Violation of other rules and regulations:

Barking dogs: $75.00
Loose dogs: $100.00
Noise ordinance: $100.00
Curfew violation: $75.00
Trespassing: $200.00
Vandalism/malicious mischief: $200.00 + Cost of replacement and/or repair
Soliciting: $300.00
Verbal Disrespect onto a Security Officer: $100.00

 

Violation of fire and safety rules in / around POA buildings and facilities: $200.00 (Penalty varies with severity and number of infractions over time)

  1. Violation of Club and Recreation Area Rules: $150.00 + loss of  privileges 
  2. Violation of Covenants (Except for Building and Modifications subject to permitting and overview by the Architectural Committee.)
    1. Unacceptable yard and lot maintenance – refuse, weeds, and overgrown lawns, vehicle maintenance, trash and other visual detriments.
    2. Vehicle/RV/trailer parking not meeting Architectural Committee Guidelines or VariancesFines:
      1st Offense: $100 to $300 fine.
      2nd Offense within a 12 month period: $150 to $500 fine.
      3rd Offense and subsequent offense within a 12 month period: $200 to $500.
      (Fines may be accompanied by suspension of privileges and associated cost to fix violation)
  1. Violation of Covenants – Non-conforming to Building and Modification Plans.
    1. Unauthorized setbacks.
    2. Unauthorized materials and colors.
    3. Failure to file for permit or to follow plans submitted and approved.
    4. Other Covenant violations recognized by A&E Advisor or rchitectural Committee.

Fines: $100 or more (Architectural Committee or A&E Advisor will determine a fine amount based on experience and severity of violation).

Fines may be accompanied by

  • requirements to fix or complete construction as originally approved.
  • Denial of future construction permit(s).

B. Suspension of privileges can range from one (1) week to 6 (six) months at the discretion of the committee.

C. 1. Members are expected to pay assessed fines within ten (10) days of notification. Fines not paid will be charged to the member’s account. Members not paying fines will be assessed $20/day until fines are paid.

2. Non-member violators are expected to pay fines within 10 days. If a non-member does not pay assessed fine(s), the fine(s) will become the responsibility of the sponsoring member of the violating person and will be subject to the penalties as outlined. (see Section C above.)

3. Contractors/subcontractors and all other personnel working at a construction site are expected to pay fines within 10 days. If fine(s) are not paid, the responsibility will become that of the Builder of that site for which they work. If fine(s) are not paid within 60 days from origin of fine, no further construction permits will be rewarded to that Builder until all outstanding fines are paid in full.

D. Nonmembers who continue to violate Association Rules and Regulations and/or do not pay fines assessed for violations of rules and regulations may be denied access to Association property including roads, recreation areas, etc.

IV. CLUBS

A. DRESS

1. The quality of the club environment requires that good taste be reflected in personal attire. Members and guests are requested to be particularly conscious of their dress when attending special functions, evening and Sunday meals at the Country Club and Yacht Club.

2. The appropriate attire in the Clubs is as following:

a. Diamondhead Country Club. Clothing of those styles which are available in the Golf Pro Shop and or Tennis Pro Shop, with men required to wear a collared shirt or turtleneck. Women may wear collared shirt or sleeved tops without collars. Men may wear walking/Bermuda length shorts. Women may wear skirts or walking/Bermuda length shorts. NOT TO BE WORN AT ANY TIME: T-shirts, sleeveless undershirts, tube tops, tank tops, or other attire deemed inappropriate by the Golf Pro Shop or Tennis Pro Shop. No hats or caps allowed in the dining or lounge sitting area.

b. 19th Hole. Clothing of those styles which are available in the Golf Pro Shop and the Tennis Pro Shop, with men required to wear a collared shirt or turtleneck. Women may wear collared shirt or sleeved tops without collars. Men may wear walking/Bermuda length shorts. Women may wear skirts or Bermuda length shorts. NOT TO BE WORN AT ANY TIME. T-shirts, sleeveless undershirts, tube tops, tank tops or other attire deemed inappropriate by the Golf Pro Shop and/or Tennis Pro Shop.

B. FOOD & SERVICE

1. Members and guest are not permitted to bring food or beverages into the Country Club or Yacht Club Bar & Lounge, except wedding cakes. Mississippi Alcoholic Beverage Commission laws prohibit anyone bringing alcoholic beverages into or taking alcoholic beverages from licensed premises.

2. Reservations are required for some Country Club events as announced. For special events, reservations must be canceled 24 hours in advance of the day of the event or the person making the reservation will be charged full price for the event.

3. Members and guests are not permitted in Clubhouse Food and Beverage preparation, storage or “employees only” areas without permission of management.

4. Anyone under 21 is not allowed in the Country Club bar unless accompanied by a parent or adult member. Children under the age of 10 shall not be permitted in Country Club or Yacht Club unless accompanied by a parent or adult member. No playing, running, etc. is permitted in the lobby, dining, bar areas of the clubs or on the deck at the Yacht Club.

 

V. GOLF

 

A. RULES FOR PLAY ON GOLF COURSES

 

1. USGA Rules of Golf and Golf Course etiquette will apply at all times except when modified by local rules.

 

2. All players must register in the Golf Shop or with the Starter prior to play. All play shall begin from the #1 tee unless permission to do otherwise has been given by the Golf Shop. Members who pay annual fees or monthly fees may contact the Golf Shop to determine the availability of courses prior to normal opening times.

 

3.  Clothing of those styles which are available in the Golf Pro Shop, with men required to wear a collared shirt or turtleneck. Women may wear collared shirt or sleeved tops without collars. Men may wear walking/Bermuda length shorts. Women may wear skirts or walking/Bermuda length shorts. NOT TO BE WORN AT ANY TIME: T-shirts, sleeveless undershirts, tube tops, tank tops, short shorts or other attire deemed inappropriate by the golf shop.

 

4. Each player must have a set of golf clubs. No more than one player can play out of the same bag.

 

5. No more than four players in a group (foursome) allowed without permission from Golf Shop. During peak hours, Starters will put twosomes or singles with others to maximize golf course play.

 

6. Players must have proper identification at all times. Members must have Annual Dues tags or daily receipt. For guests paying on a daily basis, dated receipts for carts and greens fees must be in their possession prior to starting play. A member who has paid his annual golf fee, but who has not paid a cart fee will not ride with a member in a private cart, until appropriate cart fee has been paid.

 

7. Allow faster players through, rake all traps, repair all ball marks on greens.

 

8. No practicing will be allowed on golf courses at any time. A practice range, putting green and chipping area is provided.

 

9. During hours of golf course operations, walkers and joggers are not allowed to use courses as exercise trails, nor is fishing permitted in golf course lakes except where posted.

 

10. All golfers must respect the property bordering the golf courses. All of those lots are privately owned and players should respect the owner’s privacy. Out-of-bounds are marked with white stakes and golfers should not hit from out-of-bounds.

 

11. Only two players and two sets of clubs will be allowed on one cart.

 

12. When posted “cart path only” carts will be restricted to cart paths. At all other times the 90 degree rule will be in effect. In no case shall a cart be driven closer than 30 feet from a green except when it is on cart path. At no time should carts be driven past the barber poles in front of greens. Par 3’s are cart path only at all times for all golfers.

 

13. No carts will be driven through heavy rough areas.

 

14. Property owners may use their privately owned golf carts on Diamondhead courses upon payment of cart fees as established by the Association. Carts may not be loaned to persons who have not paid the appropriate cart fees.

 

15. Any member who is not on the annual cart fee program must pay a special cart fee when playing out of a private cart.

 

16. No bicycles, motorbikes or any other vehicles other than those authorized may be on the Golf Courses or Cart Paths at any time.

 

17. Annual golf fees for double are considered to be husband and wife.

 

18. The following rules will govern the use of golf carts by handicapped golfers with special flags on Diamondhead golf courses.

 

SPECIAL FLAGS: Special flags will be issued to persons submitting sufficient evidence for handicap status including Disabled Parking Permit and related medical records. These flags are available to qualifying Diamondhead members in good standing only.

LIMITATION:   These flags entitle the handicapped golfer to take their golf carts inside the designated “barber pole” post in front of the greens. However, carts are to stay at least thirty (30) feet from the putting green surface and remain outside of any bunkers and/or mounds near the greens. Carts with orange flags are permitted in these areas ONLY when the fairways are open to all cart traffic by the Golf Professional or the Golf Course Superintendent. WHEN THE COURSE IS RESTRICTED BECAUSE OF WET CONDITIONS, ALL CARTS ARE RESTRICTED TO CART PATHS. ALL PAR THREES ARE RESTRICTED TO CART PATHS AT ALL TIMES.

 

ABUSE: Anyone abusing the golf courses and/or privileges will have this privilege rescinded.

 

19. Only soft spikes are allowed on the golf courses and in the Club.

 

 

C. GENERAL PROCEDURES FOR GOLF COURSE AND GOLF SHOP

 

1. Hours of operation of Golf Shop will vary with the seasons, but the Shop will be open during all times that the golf courses are open for play.

 

2. Tee times are required daily, 7 days a week.

 

3. The Association reserves the right to restrict guest play to protect usage by members.

 

4. No one will be allowed on the courses without proper Member Identification or proper Guest Card unless guest is accompanied by a member.

 

5. Carts may be rented only to individual with valid driver’s license. Individuals renting carts are solely responsible for any damage occurring to the carts while in their possession. Rented carts are only to be used on the Golf Course and cart paths. A deposit may be required on all rented carts, to be refunded upon their return in good shape and at the proper time.

 

6. Rangers will be on the courses during normal playing hours. It is their duty to point out rules infractions to players and when deemed necessary, to report such infractions to the Golf Shop. Members will be responsible for their guest’s actions.

 

7. Players who continue to violate Rules of Play will be notified in writing by the Board of Directors that the next reported violation will cause the assessment of a $100.00 fine. Further violations will require suspension of privileges.

 

8. The Golf Pro Shop will be responsible for guest awareness of all Rules of Play when guest is not accompanied by a member.

 

9. The course Superintendent, in conjunction with Golf Professional will make all decisions regarding playing conditions of the courses, determining when they should be closed or “paths only” rules in effect.

 

10. The Course Superintendent in conjunction with the golf professionals may close either nine or eighteen holes at any given time for maintenance purposes.

 

11. The use of private golf carts on our Diamondhead courses is a privilege that must not be abused. No one shall drive a private cart on the course until the proper cart fee has been paid and the sticker placed on the cart. The cart can only be driven on courses by the owner or his dependents who have a valid driver’s license.

 

12. The lending of a private golf cart to guest for use on golf courses requires cart fee payment by the guest to the Pro Shop.

  

 

VI. TENNIS

 

A. TENNIS WORLD

 

Tennis World is located at the end of Noma Drive and consists of ten Har-Tru (Clay) courts.  New Address:  68198 Diamondhead Dr. East

 

1. Hours of operation will be adjusted by seasons and may be posted.

 

2. Reservations may be made at the Tennis Pro Shop.

 

3. Members may elect to pay a monthly or annual membership, whereby individuals or all members of the immediate family will have unlimited use of the facilities. Alternatively, members may choose to pay a daily rate. Rates may be obtained by calling the Tennis Pro Shop.

 

4. Member or guest fees must be paid before play.

 

5. Members and guests must register at Tennis Shop before play.

 

6. No player will be permitted access to the courts unless properly attired, including shirts or blouses, tennis shoes (soft soled).  No street shoes or shoes that might mark or mar the court surface will be allowed.

 

7. There will be absolutely no play when the “courts closed” sign is posted.

 

8. Anyone abusing the courts in any way will forfeit use of the facility and will be reported to the General Manager for forwarding to the appropriate authorities.

 

 

B. COUNTRY CLUB TENNIS COURTS

 

1. The asphalt courts adjacent to the Country Club pool are open daily to members and their guests on a first-come, first-serve basis and require no reservations. If other persons are waiting for the courts they should be relinquished after one hour of play.

 

2. Use of all wheel devices, such as, skate boards, in-line and regular skates, scooters, bikes, wagons, etc. is prohibited.

 

3. Rules 6, 7, and 8 above also apply to these courts.

 

VII. MARINA

 

A. Marina facilities are for the use of members and authorized guests only.

 

B. All boats and trailers of members must have Diamondhead identification stickers. These may be obtained at Marina Store. The trailer sticker will be placed on the tongue of the trailer on the starboard side so as to be easily visible to the Harbor Master or marina employee as the boat is launched or retrieved. The boat sticker should be placed on the same side near the boat’s Registration numbers.

 

C. All boats using launch ramp must register with Harbor Master.

 

D. Members may use launching ramp at no charge if the boat being launched is owned and registered by the member and has a Diamondhead identification sticker and has been registered with the Harbor Master. All other boats being launched must pay a $5.00 launching fee.

 

E. Boat fuel tanks are to be filled only at the fuel dock area where safety regulations are enforced and safety equipment is available. This is a safety requirement for other boats, property and people in the Marina. Fuel not purchased at the Marina must be on-loaded to the boat at the fuel dock area.

 

F. Discharge of oil, fuel and other refuse and human waste at marina, harbor area and approaches is prohibited.

 

G. Smoking on fuel dock is prohibited.

 

H. Boats will leave and enter harbor at idle speed (no wake) and maintain idle speed (no wake) in Paradise Bayou. Paradise Bayou is a “no wake” zone by order of the Hancock County Board of Supervisors (1-12-91).

 

I. No boats are to be left in parking lot or on the Marina grounds without specific permission of the Harbor Master.

 

J. Trailers are to be left in designated area only.

 

K. Do not block launch ramp area any longer than is absolutely necessary to launch boat or get boat on trailer.

 

L. Slips and tie-ups are available on a lease and a short term basis, with annual leases being given priority of slips. Contracts must be signed and contents therein adhered to in order to keep boats in marina. Information may be obtained by contacting the Harbor Master.

 

 

VIII. POOLS

 

GENERAL RULES FOR ALL ASSOCIATION POOLS.

 

Note: Condominium pools are private pools for each condominium association and are not under the jurisdiction of the P.O.A.

A. Pools are for the use of members and authorized guests only.

 

B. All members and guests are required to register with lifeguards who will collect appropriate guest fees. Members may obtain guest cards for more than one day.

 

C. Pools are open daily during June, July, and August unless closed for cleaning or adding chemicals. When lifeguard is not on duty the “swim at your risk” rule will apply.

 

D. No food, picnicking, ice chests or glassware are allowed on deck areas around the pools. Roughhousing, dunking, running or other unsafe activities are not allowed. Violators will be required to leave the pool area.

 

E. Lifeguards have the authority to refuse admission to any person or persons who have previously broken the rules and/or who have been annoying others. Security will be called if necessary.

 

F. Children under the age of 12 must be accompanied by an adult.

 

G. No cut-offs or street clothes allowed in pool

 

H. Rafts, balls, etc. will be allowed in pool at discretion of lifeguard.

 

I. Bicycles and motorized vehicles permitted in parking areas only.

 

J. Pets are not allowed in pool areas.

 

K. Rules and hours are posted at all pools.

 

L. Swimming after dark is not permitted.

 

M. Anyone swimming when pools are closed will be removed by Security and charged with trespassing.

 

N. Any person using the facilities does so with the knowledge, understanding and agreement that the Association is in no way to be held responsible for any accident or injury whatsoever that may occur in or about these facilities, nor is the Association responsible for lost or stolen property.

 

O. Additional rules may be posted at pools or invoked by lifeguards or management to provide smoother operation or protect users and/or property.

 

 

IX. RECREATIONAL AREAS AND LAKES

 

A. Recreation areas are not normally reserved for private groups to the exclusion of members.

 

B. Use of picnic facilities at recreation areas is on a first-come, first-serve basis unless otherwise reserved.

C. No swimming allowed in the lakes at any time.

D. Boating is not permitted on any lakes in Diamondhead.

E. Members and guests must obey all “No Fishing” and other related signs. Security officers have the authority to enforce rules of safety and proper conduct and shall have the sole discretion in determining when these rules have been violated.

X. AIRSTRIP

A. All aircraft either based at Diamondhead or utilizing the Diamondhead airstrip must be maintained and operated in accordance with applicable Federal Aviation regulations.

B. All pilots utilizing the Diamondhead airstrip must meet applicable Federal Aviation Regulations for licenses and physical requirements.

C. The common air traffic frequency (CATF) is 123.0 and should be used when in the traffic pattern.

D. Only authorized vehicles permitted on ramp, runway and taxiways.

E. Pedestrian traffic on runway, overruns or grass area alongside the runway is strictly prohibited.

F. Parking on taxiways or easements is prohibited.

XI. NOISE RESTRICTIONS

A. These restrictions govern noise generation in Diamondhead are in support of the Diamondhead Covenants Section IV, “R” and “W” and Section XII, “C” governing noise and nuisances on Diamondhead private property.

B. Basic Premise. Any Diamondhead resident or guest has the right to own and/or operate possessions that may generate noise and has the responsibility to assure such possessions or operations do not abridge the right of other residents or guests to a quite environment. The time from 10 P.M. to 7 A.M. is recognized as “Quiet Time” in the Diamondhead Residential Community.

C. Specific Noises in violation at any time, 24/7, include but are not limited to:

  1. 1. Loud exhaust noise or other noise from any engine, tires or  equipment due to modification, needed repairs or non- normal operation. Such noise is in violation if heard from a distance of 100 feet or more from the source of such noise.
  2. 2. Continuous loud barking or other animal noise.
  3. 3. Loud noise emitted from radios, tape/CD players, “boom boxes”, televisions, musical instruments or any amplified  equipment. Such noise is in violation if heard from a distance of 50 feet or more from the source of such noise.
  4. 4. Horns or signaling devices expect when used for warning.
  5. 5. Loud yelling, shouting, singing, or other human noises  except when used for danger warning or safety precaution.
  6. 6. All fireworks and firearm discharge noise.

D. Noises Subject to Time Restrictions – In violation from 10 P.M. to 7 A.M.

  1. Loud construction equipment and operations.
  2. Loud power tools and lawn equipment.
  3. Loud delivery trucks and loading operations.

E. Exceptions to noise restrictions:

  1. Fire, police, ambulance or other types of emergency equipment.
  2. Emergency repair, construction or golf course work.
  3. Any loud noise for which the General Manager/Architectural Committee has granted a permit including building permits, gatherings, etc.

F. Violation. A violation may be any controllable noise which penetrates or infringes upon property other than the property of the noise generator at any time.

G. Penalties for noise violations. Violations of noise restrictions may result in citations, penalties and/or monetary fines as defined in the Diamondhead Country Club and Property Owners Association, Inc. Bylaws, Rules and Regulations and Covenants.

THE COVENANTS

The “Declarations of Restrictions, Conditions, Easements, Covenants, Agreements, Liens and Charges”, known as “The Covenants” regulate use of each residents’ lot for the benefit of each and all other lots. Copies of the entire Covenants are available at the Diamondhead Property Owners Association Office.

SUMMARY OF THE COVENANTS

1. APPROVAL TO BUILD – All plans and specifications for any building, swimming pool, fence, wall or other structures to be erected on or moved upon any lot, and the proposed location on any lot or lots, the roofs and exterior color schemes, any later changes or additions after initial approval and any remodeling, reconstruction, alterations or additions to any building or other structures on any lot shall be subject to and shall require the approval of the Architectural Committee.

(Detail regulations for plans and construction available from the POA office)

2. TEMPORARY STRUCTURES – No structure of a temporary character, basement, tent, shack, trailer, camper, garage, or any other outbuilding shall be used on any lot at any time as a permanent or temporary residence, or dwelling, except under a temporary written permit which may be granted, upon specific time limitations of such use, in the discretion of the Declarant. Nor shall such be placed on or erected on any lot or lots; provided, however, that the Architectural Committee may grant permission for such temporary building or structures for the storage of materials during construction by the persons doing such work.

3. LOT GRADING AND FILLING and INSTALLATION OF DRAINAGE CULVERTS – Shall be approved in advance by the Architectural Committee.

4. RADIO AND TELEVISION ANTENNAE – No television or radio antennae or towers may be erected or maintained anywhere upon the development without prior written consent of the Architectural Committee.

5. USE – Improvements on each lot shall be used exclusively for the purposes of a single family residence.

6. SIGNS – No signs billboards or advertising structures of any kind shall be allowed on any of the lots, except with permission from the Architectural Committee.

The following is a summary of the sign rules. Parties interested in posting signs as Property Owners, Real Estate Companies and Agents and Builders are urged to get a complete set of sign rules at the POA offices.

a. No For Sale, For Lease or For Rent signs,  advertising or service signs, information boxes, folders or tubes, banners, flags, spinners, flashing lights, etc. will be permitted on the property anywhere at any time. This includes signs on trees, signs on mailboxes or other structures and For Sale or For Rent signs inside homes.

b. Rules for Open House and Model Home signs include dawn Saturday to dusk Sunday display, sign to be on property being shown, standard size sign with legs, no banners, flags, spinners, or balloons. It is not necessary for house to be “manned”.

c. For Contractor’s Signs, the only sign allowed on Building Sites are the ones designated by the Property Owners Association. This is not a For Sale sign. It will identify the Address, Homeowner or Model Home and the Contractor.

7. BOAT and TRAILER STORAGE –No boat, boat trailer, travel trailer, camp trailer, house trailer, or other similar property shall be stored on any of the development without prior written approval of the Architectural Committee.

8. TREES – Must not be removed without approval of the Architectural Committee.

9. PLANTING – such as flowers, trees or shrubs, must be confined within the boundary of property lot lines unless permission is given by the Architectural Committee. (Driver’s line of sight and access to drainage and structures must be maintained).

10. NUISANCES – No noxious or offensive activity shall be carried on upon any of the development, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood. Examples of nuisances (noises) are shown below:

  • Noise from any engine, tires or equipment.
  • Dog barking or other animal noises.
  • Radios, tape players, boom boxes, televisions, musical instruments or any amplified equipment.
  • Horns or other signaling devices.
  • Yelling, shouting, singing or other human noises.
  • Fireworks or firearm discharge.
  POA Office (228)255-1900  *  Emergency 911  *   Law Enforcement (228)255-9191 *