Converting a Voluntary HOA to a Mandatory HOA

Georgia - My personal residence is located in a town home neighborhood with a voluntary association. The neighborhood consists of 44 homes and was built in 1985. I have been a resident since 1996. To the best of my knowledge, the association is not backed by a recorded instrument nor do we have bi-laws. We do have recorded covenants and restrictions; however, they do not reference the voluntary association in any way. Our voluntary association, though not recorded, is incorporated and registered with the Secretary of Stated as a non-profit organization.

Recently, newcomers to the neighborhood made the decision that they were going to amend the current C & Rs and include in them (among other things), a mandatory association with a monthly fee for covering the landscaping and trash pickup. They are of the belief that through a majority vote that they can impose a mandatory fee on ALL homeowners, including those that voted against the new association. To the best of my knowledge this cannot be done. It has always been my understanding that if they are successful in this endeavor, that only those that voted in favor and any successors-in-interest of parcels subsequent to the time that the amendment is recorded, can be liable.

I would sincerely appreciate your opinion on this.

Roger, thank you. That sounds logical. I really appreciate the time taken to respond to my question. Joan