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Dorothy Nordeen's picture
Joined: 05/19/2008
Posts: 9
Background about North and South CC&Rs

To the RMA Board of Directors:

First and foremost I wish to thank you sincerely for your generous investment of time and energy in caring for the concerns of the members of RMA.  Since retiring from the board some years ago I slipped into becoming part of that apathetic sleeping giant which I fear is the Rancho Murieta Membership. 

Motorcycles, CC&Rs and Boards of Directors discussion in the RVT April 28th has prompted me to pay more attention.  Because I have lived here longer than most of  you I think I can shed some light on the issues. 

In 1990, when we moved here, the governing documents were for Rancho Murieta: Rancho Murieta was what we now call Rancho Murieta North.  We later discovered this whole new development of model homes just down the road, called Rancho Murieta South. 

The South development was intended to be part of Rancho Murieta.  But, the South is different in many ways.  There are no circle lots, cottage lots or townhouses, but there are duplexes. (They also have a beautiful entry and gate). The developer also had his own set of CC &Rs which were applicable to that community and were more lenient in some respects than that of Rancho Murieta. 

When Rancho Murieta members became concerned over developer control stated in the first restated CC&Rs of 1988, the membership decided it was time for the Second Restated Declaration of CC&Rs as well as By Laws.  In 1995 a committee was formed composed of a member from North and South as well as one from the townhouses, a circle lot a cottage lot and an estate lot.  It was pretty much a full time job for the participants and then much further work to get a draft approved by each of the RMA committees and our attorney.

Only after many open meetings was the revision brought to a vote.  It was a very dedicated effort on the volunteers to contact every member and secure a 60% approval.

The primary goal of the amended docs was to remove developer control: He had failed in his obligations and had left the community in a law suit with the PTF over unpaid dues.  The residents were now the majority property owners.

In the process of amending, it became apparent (though in retrospect, I think not wise) to include the South in an all encompassing set of documents.  To accomplish that, special concessions were made to the South in order to preserve the provisions of their CC&Rs.

Among the allowances were: lesser house square footage, wood fences and use of motorcycles. These special conditions are spelled out clearly in the CC&Rs, although it is a great help to have those documents on one's computer to locate them readily. 

Motorcycles have been an often discussed item here.  They have been repeatedly rejected in the North.  Board action cannot revise the CC&Rs; motorcycles are not an approved vehicle and approval will require 60% of the entire community.

Before closing, I must submit that I am very glad that we do not have use of motorcycles in the North.  I have not even noticed those parked at the gazebo until it was brought to my attention but I can understand another's opinion.  I much prefer that sight to the sight  and noise of motorcycles on our streets.

As a note: If the South wishes to revise their specific conditions in the CC&Rs they can do it with a 60% vote of the South.  In other words, if they wish to reject the use of motorcycles in the South they can revise that portion of the CC&Rs that applies to them. The Townhouses have the same ability to revise their special provisions.   The North does not have that special treatment.  The "North" CC&Rs are the community's CC&Rs.  They require 60% vote of the entire membership of Rancho Murieta.

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Bill Hawkins's picture
Joined: 08/08/2007
Posts: 63
Authorized vechicles

It's a common misconception held by many people, but I just wanted to point out that according to our CC&R's motorcycles are actually authorized vehicles.  It's just that the CC&R's impose operating restrictions that limit how they are used within RM. 

As I read it, the restrictions (in RM North) are that you have to have a factory equipped muffler, and that motorcycles can only be driven to and from the designated parking area.   There does seem to be some wiggle room to re-designate the location of the motorcycle parking area, without requiring a change to the CC&R's, should the BoD decide that they wanted to do this.

Dorothy Nordeen's picture
Joined: 05/19/2008
Posts: 9
Mr. Hawkins, you are correct

Mr. Hawkins, you are correct.  I have over simplified the restrictions.  It would have been more precise had I said: "Properly equipped motorcycles are considered "authorized" in Rancho Murieta North provided they are used only to go in and out of the currently designated parking area at the Gazebo." 

I could have also emphasized that the area was only "currently" at the Gazebo.  I am sorry.  I had hoped to be as clear as possible.

The exact wording is on page 45 of the second restated CC&Rs of  9/26/96, Article VII, Section 12©.

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