How to tell if an HOA is voluntary or mandatory

I'm trying to help a friend determine if his HOA membership is mandatory, but don't know exactly what I'm looking for.

His home (before he owned it) and 3 others were constructed a couple years PRIOR to an adjacent subdivision being built. In order to get approval for the new subdivision, the developer had to incorporate these existing 3 homes into his site plan approval.

Their home is not "inside" this sub at all and there are no "enjoyable" common areas: only roads, sub entrance signs, detention ponds, etc. They receive literally no benefit from the hoa and do not use any of the same property.

I have to believe that these 3 homes are part of the HOA as voluntary. What do I look for either in the property history or the master deed to find out? I looked up the property records and see nothing unusual in the history: only deeds, mortgage filings, etc. If the homes were build prior to the HOA, wouldn't there have to be something filed agaist the property to require it's inclusion in the HOA?

The existing HOA is mandatory. They have always paid their dues, but there was a lien on the home when they purchased it for dues. Which was a surprise to everyone at closing. I do not yet have a copy of the CCRs, but did notice on the subdivision lines that the Subdivision is technically named two different things: the three houses are named and mapped as Sample Sub no.1 and the "real" sub homes are named and mapped Sample Sub no. 2. Their property ID numbers are not uniform either.

I know I need to get the CCR, but it just seems if Sample Sub 2's master deed was recorded and filed after Sampel Sub 1, there should be some soft of document on file in the property history officially assigning it the deed restrictions of the hoa? no?

I would think, the four owners had to sign some Agreements with the Developer. Since these four homes in question were there before the covenants were even written they may not be subject to all restrictions unless the owners agreed to them. This is because they are predating the root title ( ‘muniments of title’. )

I would certainly search in the county public records under the Owner/Developer or vice versa for all agreements I could find.

Otherwise I have similar suggestions as Melissa. You may want to get:

Certified Subdivision Plat (not only the Developers Plan)
Declaration of covenants and restrictions.
Agreements with utility companies.

All these docs are also recorded in the county public records and it is very possible you can easily find them on line.

PS: Articles of Incorporation are usually filed with the Secretary of State.

From what I understand, your friend's home in in the ABC subdivision. The XYZ subdivision is adjacent and is subject to a declaration of CC&R's.

The documents you need to search for are:
1) the chain of deeds to your friend's home going back to when the ABC subdivision was formed to see if there are any references to a declaration of CC&R's for the ABC subdivision;
2) The plat for the ABC subdivision;
3) A declaration of CC&R's for the ABC subdivision (if one exists)
4) The plat for the XYZ subdivision; and
5) The declaration of CC&R's for the XYZ subdivision

If none of the deeds references restrictions and there is no declaration on file for the ABC subdivision, I would conclude that your friend's property is not subject to the CC&R's for the XYZ subdivision. If the XYZ subdivision HOA filed a lien on his home, then they did so in error. Your friend can recover all that he has paid on the grounds of mutual mistake; that is, both parties mistakenly believed that his home was part of the HOA.

Please note that a plat and "a site plan for aproval" are not one in the same. The plat is a record of boundary lines. The site plan is a document for the zoning department to show what is around a proposed development. The plat will usually have a surveyor's seal; the site plan probably will be signed by the developer or his architect.