Thursday, January 3, 2013

HOA files suit against Powell for nonpayment of dues for five years.

Update: The complaint has been withdrawn.

This post first appeared under my byline on Jackson Jambalaya:
The Circle Bend Homeowners Association sued Brent Powell for nonpayment of homeowners' association dues in Rankin County Court in August 2012. Mr. Powell is a candidate for House of Representatives District #59. The election will be held on January 8.
Mr. Powell owns a duplex unit on 121A Bent Creek Circle in the Northwoods subdivision in Rankin County. Circle Bend filed a lien on the property on June 22, 2012. The complaint includes a letter allegedly sent to Mr. Powell by attorney Ernest Stewart. The letter demands payment of $1,555. There is no service of process in the file. The Rankin County Tax Collector's website states the property was subjected to a tax sale for the prior year's taxes in 2011 and 2010. The complaint asks for damages of $1,555, court costs, attorney's fees, and interest (8% per year) and states Mr. Powell did not pay the dues from 2007 to 2012. Efforts to contact Mr. Powell for comment were unsuccessful.  A message was left on his voice mail.


Anonymous said...

So, this unpaid bill has been around for how long (???) and it just now gets attention a few days before the election?
I can't tell if this brown stuff being slung is mud or another brown matter.

Kingfish said...

Fair question. In August he was not a candidate. I went to the courthouse to check voter registrations Wednesday as the Lum story was breaking. While there I decided to see if there were any lawsuits filed against anyone. Standard procedure. I'm working on the Lum post right now and it will be up in a couple of hours.

Anonymous said...

any lawsuits against Allen or Hubbard?

Anonymous said...

Lum is DONE! Regardless of the residency, voter registration is in what/which county controversy, he is now discredited as nothing more than an opportunist. I suggest he apply to be an associate attorney at the Luckett Law Firm in Clarksdale, they can then spend their days determining statutes involved around residency requirements to run for public office in Mississippi.

Anonymous said...

From my looking around no lawsuits
for Allen or hubbard did find out Allen is a Master Mason from some
of my law enforcment contacts they
say outstanding guy.

Anonymous said...

Man I already miss McGee!

Anonymous said...

Is it a state statute or a county ordinance that requires anyone to become a member of a home owner's group? Seems rather odd in this day and time any group can hold you hostage concerning your own property. I can understand a junk free environment, but to be sued from not paying dues?
I remember when I was a member of the "he man woman hater's society", anyone not paying dues was just not let in the clubhouse until they paid up. Times must be changing.

Anonymous said...

Not paying your dues is undercutting your neighbors.

How can you trust someone like that?

Anonymous said...

Please explain what LEGAL civil obligation someone has to home owner's group. Is there a violation of a written contract? Try to refrain from the "that ain't fair" thought process and focus on the civil lawsuit.
Remember, ANYBODY can sue ANYBODY for ANY reason whatsoever, winning is another thing.

Anonymous said...

@ 7:58

It depends on the contract signed when the improvements were purchased.

That is not the issue here.

We have a man who is seeking public office and stabs his neighbors in the back.

We have a man who can't be trusted who will probably be elected a member of the Mississippi Legislature Tuesday.

He has the support of the Republican club which in Rankin County obviates the need for a public election.

You're questions are irrelevant.

It doesn't matter if he is legally required to be a good neighbor or not.

Anonymous said...

@January 5, 2013 9:50 PM

I am only interested in this from a legal standpoint. I am not defending anyone's particular actions.
If my questions don't matter, and my questions are irrelevant, then why did you answer them to the worst of your ability?
I certainly hope your next reply is better prepared that the "facts don't matter" argument.

Anonymous said...

I'm only answering from the standpoint of the election and could care less about what kind of contract anyone signed.

A candidate for the Legislature who does not pay his homeowner association dues is like a chef who doesn't use toilet paper.

Anonymous said...

I'so sick of the good ole boys
why are people not with the only
real conservative in the race Scot
Allen he was the only one approvd
by the central ms tea party are we
a conservative dist or not we want
to vote in good ole boys and then say what happened.
I am going to vote for Scot Allen

Anonymous said...

........"A candidate for the Legislature who does not pay his homeowner association dues is like a chef who doesn't use toilet paper."........

So, introducing the "poo-poo" factor applies to an unpaid fee that may or may not be a legal agreement?

I would think it would be more like a chef who didn't pay protection money to the local enforcers.

PLEASE....only responsible answers to the H.O.A. claim.

Anonymous said...

Scot, how many times can you post here?

KaptKangaroo said...

I'm impressed that Scot is funding his own campaign, is a small business employing workers, and is invested (literally) in the community.

KaptKangaroo said...


Jim McDowell supported and worked diligently to protect our community from blight - much of which is regulated currently by HOA's in newer neighborhoods and throughout the Rez area.

I agree with what January 5, 2013 4:33 PM said.

Anonymous said...

@ 6:58

It is your question that is not responsible.

The legal status of a homeowner's association is irrelevant.

If the candidate purchased a home in a neighborhood where there is a homeowners association, it would be his responsibility to discover whether or not there is a homeowners association. If he did not, he is not qualified to serve as a legislator. If he did know and refused to pay his dues, he is not qualified to be a legislator.

Regardless...the legal status of any homeowners association depends on how the association was establshed. If this homeowners association has filed a claim with a court, the court will make a determination about this particular homeowners association's legal standing.

Anonymous said...

Remember the big ugly guy who used to run the stadium commission?