Motorcyclists Vs. Canyon Lake Community Association Battle

[totalmotorcycle]

Motorcyclists Vs. Canyon Lake Community Association Battle
Friday, October 27, 2006 - The Friday Flyer - thefridayflyer.com



Will motorcyclists be able to use the golf cart lanes in Canyon Lake to allow them to get to and from the gates to their homes? That question will be answered next Monday, October 30, when a Special Meeting will be held to decide the controversial issue.

The proposed amendment to the CC&Rs reads: “Motorcycles that have been licensed to operate on California highways shall be allowed to use the private streets for ingress and egress only to their residence and are required to use designated bike lanes on major streets and not to exceed 15 mph. The 15-mph maximum speed shall also apply to the residential streets without a bike lane. Motorcycles whose muffler tailpipe has been modified to exceed federally mandated noise levels shall not be allowed to use the streets of the community. A CLPOA vehicle sticker can be issued to motorcycles with fairings or permanently installed windshields, provided proof of registration is submitted.”

The Special Meeting will be held in the POA Board Room at 10 a.m., at which time secret ballots can be submitted by prime members who did not vote earlier by mail. The meeting will then be recessed to 7 p.m. that evening, when balloting will be closed and tabulation of the votes conducted. This meeting will be televised on Time-Warner Channel 29.

If a 50 percent quorum is not met, the meeting cannot be held and the issue will be put to rest since it takes a majority of property owners to conduct business. However, if a quorum is met, Election Inspector Gary Porter will call for a recess to allow the inspectors to continue counting and tabulation the next morning.

That recessed meeting, if held, will be open to the membership and is scheduled for 8 a.m. Tuesday, October 31, at which time the election results will be announced. This meeting also will be televised on Channel 29.

According to Corporate Counsel Pete Racobs, even though the approval percentage to change the CC&Rs is generally two-thirds, a bare majority of the entire membership in favor of the amendment would be sufficient to seek Civil Code Sec. 1356 Superior Court approval by petition. This was done for the motorcycle prohibition in the 1990s, he reminds property owners.

“Thus, a bare majority establishing the quorum might be enough to base the 1356 petition on if the vote were one-sided in favor of the proposition,” he says. Therefore, the vote will need to be counted if the quorum is established, even if it’s less than two-thirds participation.

According to Director Travis Montgomery, several people have approached him saying they had not received their ballots. Those people who were members in good standing on the Association’s record date of September 19, 2006, can pick up a new ballot from the Inspector of the Election on Monday morning at 10 a.m.

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Will Canyon Lake motorcycles still be parked in the lot at the Main Gate after Monday's election? Or will residents be granted the right to slowly drive their bikes to and from their homes in the golf cart lane? Attend the meeting October 30 or tune in on Channel 29 to see if a 50 percent quorum is met. If so, election results will be announced Tuesday morning, October 31, at a recessed meeting scheduled for 8 a.m. That meeting, if held, also will be televised.