By Matthew Renda
Staff Writer
Fernando “Speed” de la Torre sits on his motorcycle as Bob Bumgarner stands beside him. The two are among a group of residents fighting the ban of motorcycles on the roads of Lake Wildwood.
A group of Lake Wildwood residents is challenging the homeowners association regarding the gated Penn Valley community's 40-year motorcycle ban.
Bob Bumgarner, a resident of Lake Wildwood and retired airline captain, would like to be able to keep his Kawasaki Motorcycle in his garage, but has to comply with neighborhood regulations that forbid motorcycles.
The ban has been in place since the community was developed and “dirt-bike” enthusiasts roamed the open lots.
Bumgarner understands residents do not want streets overrun with potentially noisy motorcycles, so instead of attempting to reverse the ban, he would like to see a variance enacted that allows residents to keep a motorcycle that meets standard noise level regulations.
“I have a quiet bike with an EPA-approved muffler,” he said. “Compared to diesel trucks that are allowed in the neighborhood, my bike is whisper quiet.”
Bumgarner said he has attempted several times to resolve the matter according to dispute resolution rules set up by the Davis-Stirling Act, a portion of California Civil Code that governs HOA's (Homeowner Associations), but his attempts have been routinely dismissed.
In a letter dated June 2011, Eric Heisler, chairman for the Environmental Management Committee, which oversees the issuance of variances, told Bumgarner his request did not demonstrate undue hardship as a result of the ban.
“We cannot determine that a significant hardship exists, or your situation is more burdensome than others, or that the rule is more unnecessary in this situation than in others,” he wrote.
“I would call your attention to boat owners who trailer their boats, large commercial equipment, RV's, as well as motorcycles and other recreational equipment of Association Members who house them either in the LWW campground, Meadow Park boat storage or other offsite facilities.”
Earlier this month, Bumgarner filed for what is called “binding arbitration,” which would require a third-party “judge” to hear both sides and then make a ruling that would “bind” each side to legally comply. He said the association has until Dec. 7 to respond.
Retired firefighter and Lake Wildwood Motorcycle Club President Fernando “Speed” de la Torre said if the board refuses to agree to binding arbitration, the group will likely file a civil lawsuit.
“We would rather deal with this in-house; that's our first choice,” said de la Torre. “We've always wanted to behave like gentlemen about the whole thing.”
In 2004, Lake Wildwood residents overwhelmingly voted to stop a proposal that would have allowed a six-month moratorium on the ban to test the results. Several recent letters to The Wildwood Independent reminded readers that the issue had already been voted on and wondered why it was being raised again.
The difference this time around is that Bumgarner and his supporters say they are asking for a variance that allows only residents with licensed and quiet bikes to operate their vehicles on the streets and not a lift of the outright ban. Each exemption request would be handled on a bike-by-bike basis.
Bumgarner said he was aware of the ban when he moved into the 3,000-home community, but said he was also aware that there was a process in place that allowed for proposed changes to rules and regulations.
Bumgarner said Lake Wildwood is one of only two HOA's in California to ban motorcycles. Fred Dean-Turner, general manager of the gated Lake of The Pines community in south Nevada County said there are no restrictions on motorcycles, or other types of registered vehicles.
Presently, de la Torre, Bumgarner and other motorcycle owners must park them on a paved lot next to the Lake Wildwood's entrance.
The passageway is unpaved and the bikes are exposed to the elements and vandalism, which has historically been a problem.
“One time a storm blew over a motorcycle resulting in damage,” de la Torre said.
Bumgarner also points out that the association does not seem to have a similar problem with other motor-operated equipment and vehicles such as leaf-blowers, snowblowers, boats and diesel trucks.
“Mentioning that the original reasons for banning them are now solved by security and fencing in some areas does not eliminate the fact that the community does not want them here,” wrote one resident in a letter to The Wildwood Independent.
Multiple calls and an e-mail to Lake Wildwood General Manager Edward Simpkins were not returned.
To contact Staff Writer Matthew Renda, e-mail mrenda@theunion.com or call (530) 477-4239.
Bob Bumgarner, a resident of Lake Wildwood and retired airline captain, would like to be able to keep his Kawasaki Motorcycle in his garage, but has to comply with neighborhood regulations that forbid motorcycles.
The ban has been in place since the community was developed and “dirt-bike” enthusiasts roamed the open lots.
Bumgarner understands residents do not want streets overrun with potentially noisy motorcycles, so instead of attempting to reverse the ban, he would like to see a variance enacted that allows residents to keep a motorcycle that meets standard noise level regulations.
“I have a quiet bike with an EPA-approved muffler,” he said. “Compared to diesel trucks that are allowed in the neighborhood, my bike is whisper quiet.”
Bumgarner said he has attempted several times to resolve the matter according to dispute resolution rules set up by the Davis-Stirling Act, a portion of California Civil Code that governs HOA's (Homeowner Associations), but his attempts have been routinely dismissed.
In a letter dated June 2011, Eric Heisler, chairman for the Environmental Management Committee, which oversees the issuance of variances, told Bumgarner his request did not demonstrate undue hardship as a result of the ban.
“We cannot determine that a significant hardship exists, or your situation is more burdensome than others, or that the rule is more unnecessary in this situation than in others,” he wrote.
“I would call your attention to boat owners who trailer their boats, large commercial equipment, RV's, as well as motorcycles and other recreational equipment of Association Members who house them either in the LWW campground, Meadow Park boat storage or other offsite facilities.”
Earlier this month, Bumgarner filed for what is called “binding arbitration,” which would require a third-party “judge” to hear both sides and then make a ruling that would “bind” each side to legally comply. He said the association has until Dec. 7 to respond.
Retired firefighter and Lake Wildwood Motorcycle Club President Fernando “Speed” de la Torre said if the board refuses to agree to binding arbitration, the group will likely file a civil lawsuit.
“We would rather deal with this in-house; that's our first choice,” said de la Torre. “We've always wanted to behave like gentlemen about the whole thing.”
In 2004, Lake Wildwood residents overwhelmingly voted to stop a proposal that would have allowed a six-month moratorium on the ban to test the results. Several recent letters to The Wildwood Independent reminded readers that the issue had already been voted on and wondered why it was being raised again.
The difference this time around is that Bumgarner and his supporters say they are asking for a variance that allows only residents with licensed and quiet bikes to operate their vehicles on the streets and not a lift of the outright ban. Each exemption request would be handled on a bike-by-bike basis.
Bumgarner said he was aware of the ban when he moved into the 3,000-home community, but said he was also aware that there was a process in place that allowed for proposed changes to rules and regulations.
Bumgarner said Lake Wildwood is one of only two HOA's in California to ban motorcycles. Fred Dean-Turner, general manager of the gated Lake of The Pines community in south Nevada County said there are no restrictions on motorcycles, or other types of registered vehicles.
Presently, de la Torre, Bumgarner and other motorcycle owners must park them on a paved lot next to the Lake Wildwood's entrance.
The passageway is unpaved and the bikes are exposed to the elements and vandalism, which has historically been a problem.
“One time a storm blew over a motorcycle resulting in damage,” de la Torre said.
Bumgarner also points out that the association does not seem to have a similar problem with other motor-operated equipment and vehicles such as leaf-blowers, snowblowers, boats and diesel trucks.
“Mentioning that the original reasons for banning them are now solved by security and fencing in some areas does not eliminate the fact that the community does not want them here,” wrote one resident in a letter to The Wildwood Independent.
Multiple calls and an e-mail to Lake Wildwood General Manager Edward Simpkins were not returned.
To contact Staff Writer Matthew Renda, e-mail mrenda@theunion.com or call (530) 477-4239.