The Friday Flyer, June 16, 2006 - Article: GM explains prohibition of motorcycles here

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GM explains prohibition of motorcycles here

By Clint Warrell
CLPOA General Manager

     In an effort to better inform the members of Canyon Lake, the Association would like to explain why vehicles such as Rhinos ATV’s and similar vehicles are prohibited under Canyon Lake’s recorded Declarations of Restrictions.
     In 1995 the motorcycle prohibition amendment was approved by the Association’s membership, and subsequently approved by the Riverside County Superior Court, and recorded in 1996. That amendment provides as follows:
     • Prohibition on Motorcycle Use
     Use, operation, riding upon or in, or transportation on or by, any motorcycle, two- or three-wheeled motorized vehicle, off-road vehicle, four-wheeled motorcycle or similar vehicle on any lot, street, common area or Association property within the Subdivision is prohibited.
     Golf carts may be used and operated within the Subdivision subject to the Board of Directors’ reasonable regulation thereof.
     • Limitation on Easement Rights (No Motorcycles)
     Expressly excepted and excluded from each owner’s easements (including any and all easements of access, ingress and egress), if any, for use and enjoyment of the Subdivision’s streets, parks or any and all common areas or Association property (including any and all easements of access, ingress and egress), is any right to use, operate, ride upon or be transported in or on any motorcycle, two- or three-wheeled motorized vehicle, off-road vehicle, four-wheeled motorcycle or similar vehicle; provided.
     However, golf carts may be used and operated within any such easement areas subject to the Board of Directors’ reasonable regulation thereof.
     The Board of Directors is authorized to designate portions of Association property at or near entrances to Canyon Lake as motorcycle parking areas where members, their guests or invitees may park motorcycles at their own risk. (Amendment to the Canyon Lake Property Owners Association Tract Declarations, recorded February 15, 1996).
     Significantly, this Declarations of Restrictions amendment was adopted by the vote of the Association’s members, not by the Board. The Board’s role under the amendment is regulation of golf cart use, which use is expressly permitted.
     Any vehicle designed exclusively for off-road use or not designed, properly equipped, or licensed to be safely operated on public streets and highways are expressly prohibited in Canyon Lake. Not by a Board Rule, but by the Associations Declarations of Restrictions voted on and approved by the members of Canyon Lake.
     As you can see from the above-quoted 1996 Declarations of Restrictions amendment, off-road vehicles are expressly prohibited within the Canyon Lake subdivision.
     Although members have indicated that public agencies and insurance agents consider the private-street system of Canyon Lake to be “off-road,” third-party characterization of Canyon Lake’s private-street system does not alter the status of prohibited vehicles under the Declarations of Restrictions amendment which regulates vehicles on the Association’s private-street system.
     The Association will continue its standing practice of enforcing the 1996 amendment in the course of patrolling and regulating access to the Canyon Lake private-street system and will make certain the Declarations of Restrictions amendment continues to be reasonably enforced. Any member not certain as to whether a certain vehicle is permitted or not in Canyon Lake is encouraged to contact the General Manager’s office at 951-244-6841, Ext 210.