Vote on motorcycle CC&R heads to members
The Rancho Murieta Association will proceed with a member vote on allowing motorcycles on the North after Sacramento Superior Court rejected a request for a temporary restraining order to delay the vote.
The delay was sought by Murieta North resident Tom McCrackin, who opposed the RMA’s plans for the vote on the community’s CC&Rs because South residents will be allowed to vote on the issue, which impacts property owners on the North, not the South.
If approved by 60 percent of the membership, the CC&R amendment would permit motorcycle owners on the North to ride their motorcycles to and from their homes, like their counterparts on the South.
“We’re going to proceed with the motorcycle ballot. ... We’ll abide by the results of the vote,” RMA Board President Jim Moore said Thursday night.
He said the motorcycle issue flares up from time to time. “At least this time we’ll have a vote,” Moore said.
In an email to RanchoMurieta.com, McCrackin said he began to make his argument at Tuesday’s hearing when, “The court almost immediately interrupted me, told me that I had a good argument, that it was logical, and that it made sense. He said, however, that I hadn't supported the argument with evidence to establish that Article XIII of the CC&Rs had never been intended to empower residents of RM South to vote to amend or revoke CC&Rs that applied solely to RM North lots.”
McCrackin wrote that he had a witness ready to testify that he was part of the 1994-95 revision of the CC&Rs, and the witness’ testimony would undercut the RMA’s claim that the CC&Rs were deliberately written to allow the South vote in this situation. The witness was not allowed to testify, McCrackin wrote.
Earlier, McCrackin said he would only take his court fight as far as seeking the restraining order. If that failed, his fight was over, he said.