[June 25 update] In a post here, Murietan Tom McCrackin says he will pursue the legal action at least to next week's hearing on a temporary restraining order. See the post
[June 22 update] Murietan Tom McCrackin says he won't be pursuing the legal action against the RMA. See the post
[Full story published June 21] At Tuesday’s meeting, the Rancho Murieta Association board of directors voted to extend the voting period for the community center and pool project by 30 days to Aug. 1, and moved closer to a vote on amending the CC&Rs to allow motorcycles on the North despite a legal challenge. The board announced the dog park will open June 30 at Stonehouse Park.
Vote on motorcycle ban challenged
Directors Scott Adams, left, and Bob Lucas, who are lawyers, spoke for the board's handling of the legal challenge to the vote to amend the CC&Rs.
The board approved a ballot package for an election to amend the CC&Rs to allow motorcycles on the North after General Manager Nick Arther was served with legal documents. George Kammerer, a lawyer representing fellow residents who dispute the right of South residents to vote in the election, served Arther with a lawsuit and an application for a temporary restraining order.
“The court will rule on their ex parte application for a temporary restraining order on Friday,” said Director Bob Lucas, an attorney.
Director Scott Adams, also an attorney, said the board is required to take action on the petition requesting the CC&R election “even under the threat of litigation. ... The board is simply following the rules that the board is required to follow ... Absent a court order that either delays this or prevents it, the board, in my opinion, ... has to move forward. We did receive our 5 percent petition and the rules are set forth...”
The voting issue was raised by neighbor Tom McCrackin at the March board meeting where supporters presented the petition to the board. McCrackin asked the board to correct what he characterized as an oversight in the CC&Rs before taking action on the petition, and pointed out that Article XIII limits voting to amend CC&Rs that apply only to the South or to townhouses. The lack of a similar provision for the North was “inadvertent,” and the board had the authority to correct the oversight, McCrackin said.
At the April meeting, McCrackin made a formal request for internal dispute resolution. "In the month that has passed since I presented this issue, I have heard nothing officially from the board," McCrackin said. Kammerer, a lawyer who said a number of fellow residents had asked him to represent them in the matter, presented the board with a four-page letter.
At Tuesday’s meeting, McCrackin said he met with Directors Bob Lucas and Scott Adams May 22 and they told him “the board does not have the authority to amend Article XIII,” and suggested the North may have been excluded intentionally from its provisions.
“I think what we said ... was even if it’s inequitable, it doesn’t make it illegal,” Lucas said. “We simply don’t have the power to make the amendment to the CC&R that you wished.” It would have to go out for a vote of the membership, he said.
Kammerer and McCrackin requested to the RMA that the matter be submitted to non-binding arbitration and received the RMA’s rejection four days before the June board meeting, McCrackin said.
The board set July 10 as the date of record for the election and the ballots are expected to go out to members before the July board meeting. 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 residences, like their counterparts on the South.
Community center and pool project vote
The board approved an extension of the voting period for the community center and pool project since the initial 30-day period expires before the July board meeting and not enough votes have been received to complete the election.
“It’s important that we get as many votes as we possibly can,” said President Jim Moore, asking members to send in their ballots.
A majority of the membership must approve the project and financing plan before it can be built. The financing includes a $1,200 member assessment.
Dog park opens June 30
Everybody and his dog is invited to to attend the opening of the dog park at Stonehouse Park June 30. The festivities begin at 10 a.m. There are separate areas for large and small dogs, and rules for park use.
July 4 passes
Members are urged to get passes to guests in advance of the Fourth of July festivities to avoid back-ups at the Gate and delays entering the community. The passes are available at the RMA Building, and the first five are free. After that, they cost $5. The passes are recommended for all guests, including those on a resident’s guest list.
Giants bus trip
There are still about 20 tickets available for the Sunday, July 29, bus trip to see the
Giants vs Dodgers baseball game. The cost is $58 and the bus leaves the North Gazebo at 10 a.m. The trip is available to RMA members and their guests only. Call RMA at 354-3500 for information and reservations.
The woman who found a car crashed in her front yard last month appeared at Tuesday’s meeting to relate the story and gain support for allowing Security patrol officers to take additional measures to get drunk drivers off the streets. “Our security’s hands have to be untied,” Linda Garcia told the audience of about 24 people. “We need to give our CSD Security back its authority.”