The Natchez Trace Village Board of Directors for the Property Owners Association bragged the Mississippi Supreme Court would give control of Culley Lake to the Board in a letter sent to members on May 14. There is just one problem - the Court ruled against the Board two days later and gave control of the lake to the Culley family.
The Culley family owns Culley Lake in Natchez Trace Village in Madison. The Board has attempted to assert a right to regulate the lake. A Chancellor ruled in favor of the Culley family. The Board didn't like losing so it appealed the decision. The Board sent a nine-page letter to members that included this statement about the case:
The letter included the Board's brief.
In March of 2018, the N1VPOA Board advised N1V Property Owners that it voted to appeal the Madison County Chancery Court's 2-20-2018 Opinion and Judgment with the stipulation that expenses related to the Appeal be paid by someone other than N1VPOA, Inc. The Board further advised that no NTVPOA, Inc. maintenance fees or any other monies would be used to pay for the Appeal.
The Appeal has been fully briefed and is now in a posture to be adjudicated by the Mississippi Supreme Court. No maintenance fees or any other N1VPOA, Inc. monies have been used to pay for this Appeal. Remediation Funds in the amount of $153,258.00 obtained from Rice Road, LLC pursuant to the May 14, 2014 Agreement with NTVPOA, Inc. remain undisturbed in a separate bank remediation account.
Notably, although originally assigned to the Mississippi Court of Appeals, the Mississippi Supreme Court chose to retain this matter on January 17, 2019, which means the Appeal will be decided by the highest court in the State of Mississippi.
The main issue on Appeal is whether NTVPOA has either an express or implied right to regulate the Lake. It is NTVPOA's position that the lower court mis applied the appropriate legal standards when it answered the question thereby creating an untenable situation, i.e., NTVPOA can regulate the shore-line ofthe Big Lake (the water that sits within the property lines on lake front property owner lots), but not the middle of the Big Lake.
The NTV Board is optimistic that the Mississippi Supreme court will remedy the current untenable situation as it pertains to the Big Lake, provide clarity as to NTVPOA's authority to regulate NTV Subdivision common areas, and restore the property values of NTVPOA homeowners through its decision.
The MS Supreme Court will render its decision on or before November 8, 2019. Electronic copies of NTVPOA's Brief and Reply Brief and Appellees' Brief are available to members upon request via email at ntvillagel975@,gmail.com or in writing to the above PO Box. Enclosed are pages from Reply Brief that explain further what the case is about.
Unfortunately for the Board, the Supremes refused to hear oral arguments and ruled for the Culleys two days later. The Court simply issued a one sentence statement that said it was upholding the Chancellor's decision. So much drama, so little consideration. The Battle of Culley Lake was over. Ironically, Mary Watkins, the long-time power of the Board, attached great import to the Supreme Court's retention of the case as she imagined the highest court in Mississippi was coming to her rescue. It apparently never occurred to her and her board that the Supremes were instead going to throw some neighborhood foolishness out of court. Timing is everything.
Synopsis of Case
The fight over who controls Culley Lake started nearly ten years ago. Lewis Culley, Sr. and Gus Noble developed Natchez Trace Village in the 1960's as a "highly restrictive community" complete with a homeowners association and a Board of Governors. The two developers built the Madison neighborhood around thirty-acre Culley Lake. Mr. Culley died and bequeathed the Natchez Trace Village property he owned, including Culley Lake, to his children, Bethany and Lewis Culley, Jr. The Culleys and Cockrells live in Natchez Trace Village. The Culley family pays the taxes on the lake. However, the Culleys "relinquished all maintenance responsibilities of the lake" to the Board in 1975.
The Board asked the Chancellor to issue a temporary restraining order against the Culleys and Cockrells in August 2017 as it sought to stop waterskiing, tubing, and jetskiing on the lake as such activities violate the regulations. The defendants began operating jet skis in 2016. They even allowed their 11 year-old children to operate the jetskis. Two residents complained it kept them from fishing and would damage the lake.
The Board fined Cockrell for violating the ban against jetskiing. The defendants called the Association's hand and raised the bet as they removed the warning signs from the dam and "began launching boats" from the spillway. Lewis Culley, III argued there were no covenants for the lake in a Facebook post.
The appearance of the Culley navy escalated the war of complaints. The defendants continued to tell NTV residents that the boat launch was open. The Culleys built a floating fuel dock in the middle of the lake. Shades of the Mulberry harbors. The war on Facebook heated up as numerous posts and comments about the Board were made in terms that were none too flattering. The Association accused the defendants of conducting a campaign of bullying, harassment, and smears against the Board.
The Culleys said they own both the lake and the dam outright. They thus have the right to control the property as they see fit. The Culleys have always paid the lake's property taxes. All Natchez Trace Village property owners are allowed to use the lake. The defendants said that only the Association was trying to restrict the use of the lake. The response also argued that since the subdivision is not platted, there are no covenants that bind Culley Lake. The covenants only apply to the actual lots. The defendants also argue that granting the TRO would infringe upon their rights to free speech.
Kingfish note: Meanwhile, more drama occurred recently at Natchez Trace Village. One resident replaced a dilapidated fence in his back yard. However, a Board member wanted to make sure he complied with the regs soooo...... he allegedly sent a drone over the homeowner's property. The resident was none too pleased and called the police. The police paid a visit to the offending Board member and allegedly warned him about taking such action.
There is also the question of whether the Board member got permission to fly the drone since he is within a five mile radius of Campbell field.
63 comments:
These people on the board are fucking lunatics! Can we get names of all board members to make sure I don't ever deal with them?
@11:49
Read the letter in the post. Their names are at the bottom.
Does the Noble family still own any part or involved in NTV?
Flying the drone within 5 miles of the airport is a Federal matter and should be treated as such! The drone must be registered with the FAA also. Give the board members a taste of being on the other side of a legal matter.
Why is Kingfish rubbing the Board's nose in their courtroom loss when we could be talking about gunfire in Jacktown?
Who would be the one to press charges to get the airport authority involved since this is a violation?
Would it be the homeowner, and I assume there is a record of the police visit.
These board members need to realize that they just cannot make their own rules. They have spent over $100,000 bringing lawsuits against the Culleys. There are now two new board members appointed by Mary Watson, Al Wright and Ray Phelps.
The newly appointed board members are Paul Hudson and Willie Moore. I guess they are trying to also loot the Village.
Who is the attorney for the Board?
Airspace is FAA jurisdiction. They don't play.
Campbell field is not in class C airspace - all one must do is simply contact the airport manager and notify them of the activity and absolutely remain below 400 feet AGL. You do not need a FAA wavier within five miles of Campbell. Did he do that? Who cares! Did he violate privacy? Maybe, I sure would have been pissed if he were doing that in my back yard.
Board's attorney is Barry Hassell with Copeland Cook.
Newest board appointed board members are Willie Horne and Paul Hudson. Willie lives next door to Mary Watkins.
Why is the HOA attorney not cc’d in this 9 page document mailed to residents? Every other document seems to have had him cc’d.
Hawkins must be a different classification then even though it is GA.
These board folks are absolutely corrupt. What a stupid letter. What a stupid lawsuit. They are all just plain stupid. Who the hell do they think they are? It’s a stupid HOA and that is all.
I’d venture to guess these homeowners have many grounds for many lawsuits against this board and personally against Mary Watkins. Kingfish what ever happened in the fish hook trial? Was she found guilty?
Ray Phelps? Old Milsap’s professor? Not surprising.
i lived there. i dont anymore explicitly bc of that board. no one on the noard ever fished. there was never a floating fuel dock - both board lies. the village needs to petition the dissolution of the board and elect a knew one. the current board is corrupt to the core and will never be voted out.
They need an audit ASAP!
Someone asked what happened in the criminal trial? Mary Watkins was found guilty but of course, she appealed that judgement. She had another trial in Canton but the judge has yet to rule. I'm sure everyone is anxiously awaiting that one! She has yet another trial June 6th at city court in Madison. Will it ever end?
I have a friend that lives in that neighborhood and that place is insane! That woman stalks everyone and harasses kids. She is completely gone mentally and no one is stopping her. It’s a train wreck and everyone is just slowly passing by to see the show. What a mess. She should be ashamed and so should her family and “friends”.
Ray Phelps was like a night time special --- an adjunct . I don't think he ever made professor. Wonder why he retired so early?
I’m shocked mayor Mary allows this to go on. Very embarrassing for city of madison.
Hawkins is in class C and you must have a FAA waiver to fly within 5 miles for which you can petition them for the ceiling you want but, still must be below 400 AGL. There are several web sites that provide the details around each airport that has restricted airspace.
I was looking to buy a property there a couple of years ago. As I was returning to my vehicle I noticed a lady hiding behind the sellers van peeking around the van at us. The seller exclaimed this was Mary Watkins and she was part of the reason the property was for sale. That was a first for me. Oh well if the property didn’t sell ever, I’m sure it’s worth a lot more now that the SC ruled in favor of the lake owners! I am about to check to see if it is still for sale
“ In March of 2018, the N1VPOA Board advised N1V Property Owners that it voted to appeal the Madison County Chancery Court's 2-20-2018 Opinion and Judgment with the stipulation that expenses related to the Appeal be paid by someone other than N1VPOA, Inc. The Board further advised that no NTVPOA, Inc. maintenance fees or any other monies would be used to pay for the Appeal. “
Why would an HOA board have to take a vote for the appeal if it is not being funded with HOA funds? That sounds suspicious. Who paid for this appeal ? There is someone out there that isn’t on this HOA board that thought this lawsuit was a great idea? Interesting.
Don’t see where they “bragged” about winning in that letter at all. Don’t see anything inappropriate, in fact. They were unhappy with the lower court ruling and exercised their right to appeal. They didn’t prevail. It happens, you know. Must’ve been a slow day in Jacktown for this blog.
Is this for real? These people in this neighborhood allow themselves to be bullied by these people? For years? They’ give them money to fund losing lawsuits against neighbors? They are getting what they deserve. No wonder there home values are the lowest in Madison. Idiots!
Kingfish keep this going. Peyton Place of Madison County.
Hey Dougie Fresh
warning .....before you buy real property anywhere, take a long hard look , and find out as much as you can , about any homeowners association thats will be lording over the place. homeowners associations are the most overlooked element of a property purchase. dont let yourself get stuck with a bunch of bozos.
@10:09 Great question that deserves clarification!. Did Mary Watkins get the board members to vote for and agree that HOA would pay for all criminal and other legal expenses? What are the names of the board members that voted for this? Sound like all of them are on a hind tit
“The main issue on Appeal is whether NTVPOA has either an express or implied right to regulate the Lake. It is NTVPOA's position that the lower court mis applied the appropriate legal standards when it answered the question thereby creating an untenable situation, i.e., NTVPOA can regulate the shore-line ofthe Big Lake (the water that sits within the property lines on lake front property owner lots), but not the middle of the Big Lake.“
So is she NOW saying they are trying to regulate the the shore-line and not the middle of the lake?
First of all.... that is the dumbest thing ever. How can you regulate parts of a lake - esp without barriers or surveys?
Second.... they spent over 120K to try and regulate the outer edge of the lake?? They want to rule 1-2 feet off the shores?? 😳😳😳
Even if a judge said they could make their rules on the lake fingers - people could still ski/jetski because they aren’t in the fingers anyway. She spent ALL that money for that???? I’m dumbfounded by their stupidity.
"I’m shocked mayor Mary allows this to go on. Very embarrassing for city of madison.May 23, 2019 at 9:52 PM"
Actually, this situation comes in second place behind Mr. Rice's tractor and heavy equipment museum and junk emporium. Imagine owning property within 500 yards of this junk palace that the city has grandfathered. If you have not seen it lately, take a cruise on Rice Road just south of Hoy, east side of Rice. You'll be aghast.
This place puts Natchez Trace Village in the shade.
Don’t ask why only Mary allows this to go on. An Alderman and a State Representative live in NTV. Not a peep
from them though.
@1:01 am - Hi Don, thanks for stopping by.
@7:09
Vote them out!
The HOA board, the alderman and the state representative.
Tell that to the FAA. We did all that for the capitol drone shoot and still got a nasty phone call from the FAA after Mike Golf complained.
The mayor and her staff has been VERY supportive with our efforts to clean up our neighborhood and increase our property values. We appreciate everything they are doing to help us out!
Person who said there was nothing inappropriate in the letter from the HOA to the property owners must be insane?!
It may be the property owner who borrows Mary Watkins lawnmower every week to mow his lawn?
I'm sorry that Natchez Trace Village is having these problems.
It's clear that some of you have never lived on a lake and don't understand the difference between a natural lake and one that's created by artificial means. The latter requires maintenance.
This is not a large lake.
Nor do any of you seem to understand that an HOA can be an asset to keep property values stable and improve the values. In the early existence of this HOA, they worked effectively to bring sewer to their neighborhood and Sandalwood. No one homeowner could have accomplished that. That inadequate septic tank development was allowed in the first place was shocking.
Mississippi was late coming to see the value of HOAs and the laws are still behind the curve in helping HOAs be an economic asset and prevent the kind of conflict we see here. The laws are locally hit and miss.
Our laws also favor developers and still do not require the kind of standards for development that are seen in other states . The properties may not be graded well and streets not meet standards for expected weight.
Madison County's development and building codes were a joke when Natchez Trace Village was developed. Requirements have improved somewhat.
A neighborhood and development will always have ornery neighbors and those who refuse to adequately maintain their home or property. If HOA membership is not required at initial purchase, if you want to " vote" our leadership, you must join. Some would rather bitch than participate and help resolve problems.
Some people just don't take care of their home or land and trash it. They don't care that it affects not only the value of their home, but that of their neighbors. They don't play well with others and just can't be good neighbors as they believe the world should revolve around them.
PS Do remember that some of the worst roads in Jackson were outside the official city limits when the water/sewer lines and roads were in the hands of those who developed.
.
@9:15
Sounds like you have it all figured out. Smartest one in the room. You probably support this HOA board filled with insanity since you believe the laws should be different so the HOA could’ve won their attempt to regulate land they don’t own.
From what I’ve heard, this HOA doesn’t understand a lake needs maintenance either. They haven’t maintained that lake in a decade or more. But, they continue to take resident’s money for “ lake maintenance “.
"@1:01 am - Hi Don, thanks for stopping by. May 24, 2019 at 7:13 AM"
You're up early Kathy.
@9:15. No one is saying HOA’s can’t be beneficial or helpful. People are saying THIS HOA isn’t doing what it was set up to do. They have done nothing to help the neighborhood. They have spent a lot of money that could’ve been used in a positive way in that neighborhood but chose to waste it on a frivolous lawsuit because one person didn’t like being told “no”.
She can’t just be “voted off” (like no one has thought of that 🙄) She won’t hold elections, and she WILL NOT turn over anything (banking info or any other records). She’s NOT going to just hand it off. It’s going to take people taking her to court to get it done. Most people have lives and don’t have time to deal with it, or they simply don’t care, or they don’t have the money to take her to court. She knows all this and so she’s not worried. I do think the fact the Culleys have not only stood up to her - but WON - (ALL their cases against her) helps give people hope and a little backbone to not just give in to her. It’s def NOT over!
@ 9:15
If you believe a group of people who would spend over 100k of a groups money to fight a lawsuit rooted in a power struggle is benefical then you have some screws loose. I feel sorry for these people because I know I would NEVER consider moving into NTV after all of this and I am sure countless others who read this blog feel the same way. Based on that, their behavior doesn't seem too damn "benefical" to me. By the way, your use of the term "leadership" when speaking of these idiots shoots chills up my spine.
The HOA does nothing to anyone if they will vote in favor of the three idiots that have been on the board for years and years. Many property owners deeds have covenants that say they can vote in person or by proxy. Proxies are not certified at annual meetings. Property owners can only submit one proxy but the board can submit as many as they want. This is how the three idiots remain on the board. They write their bylaws where three members can make all the decisions and can vote off other board members. They write their bylaws to say all proxies must be mailed in to the secretary (Mary Watkins of course). She knows way in advance of an annual meeting just how many she needs to remain on the board. She looks at who signs in at the meetings and what proxies she has and simply submits the ones that she needs. No one will ever know since those are not shown to everyone.
As far as following the covenants - one property owner got board approval for a remodel of his home in 2011. To this date, it has not been completed but yet he votes at annual meetings and has not been fined by the HOA. Thanks to the city, he is finally being held accountable for not completing the work. I feel bad for anyone that lives anywhere close to his house!
In a situation as described like the one in this neighborhood, since all the power has been given to the 5 Board members, the only way the HOA will change is death of the current persons who still hold on to the power. If this woman was capable of stepping aside and giving up, she would have done so a long time ago. The fact that JJ still has material to print about what is going on is proof that all the complaining, voicing opinions, giving recommendations, etc, is moot. My recommendation, sit back, relax, and when this lady dies, be ready to step in and turn it around.
The City of Madison needs to hire Mary Watkins as code enforcement deputy to Miriam Ethridge then these two witches can jump on their brooms and take off. Both these women love their power trips. Welcome to Madison home to grumpy old rich women with nothing better to do.
The underbelly of the cruel side of humanity is shown here by the words and actions of all these so-called "neighbors"
Past time to either sue this board and/or start a more responsive HOA and put the original one "out of business".
@11:16. That’s really you’re advice??? Sit back and wait??? Wow... I have kids - I’ve ALWAYS taught them never throw the first punch but NEVER sit there and just take it. If someone hits you - you knock the piss out of them - and guess what - they will leave you alone. A kid hit him - he hit him back REALLY hard. That was 7 yrs ago. The kid left him alone and he hasn’t had an issue since -with him or anyone else and he won’t because people know he’s not going to take it.
This isn’t even about physical altercation - This is about NOT BACKING DOWN!!! At some point you have to stand up for yourself. I’m sorry you weren’t taught this as a child.
@11:31 I think after living in this hood where the HOA bully their “neighbors”, tries to sue their “neighbors”, uses their “neighbors’s” money for frivolous lawsuits, and throws fish hooks at their “neighbors”. I think they have seen the underbelly alright. Its name is Mary Watkins!!!
Property values increased the moment Supreme Court ruled in this neighborhood. The only people bashing it are the board and their supporters now that they lost. The mayor and code, The Culley’s themselves, and the large improvement group some wonderful people started in this neighborhood have restored and will continue to restore and improve the years of neglect. The Culleys raked and bagged up all the leaves at an entrance the other day and I saw another entrance being maintained by another wonderful neighbor this week. We have all paid for years for things to be kept up but what the board did was spend the money on crazy lawsuits it seems?. There is no going back now, these ladies and families have grit and Mary Watkins wasn’t expecting it. This neighborhood and it’s lakes are beautiful and going to be brought back to life. These beautiful older homes are huge with estate lots. We have views of the reservoir from our windows, we have lake view homes, waterfront homes, A private ski - fishing lake in the middle of Madison that can now be used once again by property owners (only) thanks to the Culley’s. The property owners won big too with this Supreme Court win. Congratulations Culley’s!
9:48 am I started the first HOA in MS. I was a board member in 5 HOA. I still pay HOA fees in the 5th. My family is in the construction business in another State. I've built 2 new homes and remodeled two more in MS.
I can also read and ask those who have knowledge I do not. You might try both sometime. You might read that those who attack the messenger rather than the message have no ability to dispute the message.
If not for Jackson Jambalaya, nobody would ever have heard jack about this situation in Madison. But everybody eventually drives by the tractor-truck museum, so that post is accurate.
"Your Board of Governors"? Lawd; These folk think mighty high-like of themselves, now don't they?
"9:48 am I started the first HOA in MS."
Dayum - You must be closing in on 90!
For post referring to Culley's land on St Augustine Drive for sale.
Mary Watkins is not the problem. The Culleys want the HOA gone so covenants don't apply to their #9 acres for sale.
@4:32
Why would you even comment a week after the fact on a post about Mary Watkins to reference Culley land on St. Augustine ?
Obviously you are very clueless. Any property owned by the Culleys has no covenants, so why would they care about “ doing away with “ covenants of Natchez Trace Village ? The property for sale is 30 acres. I guess Mary gave you all of your info. HAHAHAHAHAHAHAHA
@4:32 : Pour soul. Can’t read legal documents and fall on crutch Mary to get from point A to point B. With recent lower court loss, Supreme Court loss, criminal conviction, and two more pending cases you might want to reconsider your strategy! And why so concerned about what someone is doing with their property that YOU don’t own!
Incidentally, the "eyesore" on Rice Road is property owned and occupied by Joe Rice,from the family Rice Road was named after, long ago. The mayor's brother lives very close to Mr. Rice
and ,thankfully, recognizes that the history gained from there outweighs the benefits of giving him citations for items on his property. I suggest to check history before passing judgement on others.
Who are Mary Watkins criminal case (fish hook queen and theft) attorneys? When is theft trial of Mary Watkins and did they ever rule (again after found guilt and she appealed) from Mart Watkins trying to harm children by throwing a fish hook at them? Where do we stand on all of this Jackson Jambalaya?
The Culleys have misled many people. Their land for sale on St Augustine Drive is subject to the covenants that apply to Natchez Trace Village. This is the reason why they want to do away with the HOA. For those who don't believe this to be true, ask a realtor or check title on property. Their interest in the village is all about the money to be made from selling the 29+- acre tract.
Clueless HAHAHAHAHAHAHAHAHAHA must have checked that title on the Culleys 29+- acres for sale on St Augustine Drive. It's covered within the covenants of the Village.Ask the oaner/broker.........
What was the outcome in court yesterday for the larceny charges against Mary and that guy who removed the signs? Surely a fine was given to them. On another note, that Etheridge lady is writing citations for unbelievable things, such as "not enough greenery" . She says, " I ride by, if something doesn't look just right, I ride by again". Madison The City hired her in a last minute December meeting. The alderman who dwells in the village failed to mention anything about new code enforcement rules to his constituents. However, he cleaned his yard the week after that meeting, cleaner than it's ever been!
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