Background: The vote on North motorcycles
After months of discussion at board meetings and a legal challenge, ballots for a CC&R amendment vote to lift the motorcycle ban on the North were sent to Rancho Murieta Association members last week. If approved by 60 percent of the membership, the amended CC&R would permit motorcycle owners on the North to ride their motorcycles to and from their homes, like their counterparts on the South. Ballots are due by Sept. 6. Here's background information on this vote.
The process began when a contingent of North motorcycle owners appeared at the RMA board meeting in January. Speakers called the CC&Rs for motorcycle use on the North and South unequal and asked for variances to be granted, much as variances are granted for parking multiple vehicles in the driveway, which is also prohibited by the CC&Rs, they pointed out. The board suggested putting the North motorcycle prohibition to a vote to decide the matter.
Motorcycle proponents returned in March with a petition for a membership vote on amending the CC&Rs. Motorcycle usage would be limited to ingress and egress, and there would be no North-South visiting or cruising around the neighborhood, the board was told.
At the same meeting, resident Tom McCrackin asked the board to delay action on the petition until a voting issue was resolved. He directed the board's attention to a CC&R section that says if the CC&R applies only to the South or to Murieta Townhouses Inc., only those members can vote on amending or ratifying it. McCrackin requested that the board use its powers to amend the section "to extend its protections and rights to residents of Murieta North" since the motorcycle ban applies only to the North. He was told the board would look into the matter.
The voting issue escalated at the April board meeting when McCrackin and another resident who is a lawyer asked to sit down with the RMA to resolve the issue and threatened legal action if that failed.
In June, as the board moved ahead with preparations for the vote, General Manager Nick Arther was served with a lawsuit and an application for a temporary restraining order to delay the election.
After the request for a temporary restraining order was rejected at a Sacramento Superior Court hearing last month, the RMA proceeded with the vote.