Only home not in HOA - can I make a donation in lieu of HOA dues?

My parents bought a home that was the only one not included in the HOA. It was built 60 years ago. Twenty years later the owner developed the surrounding neighborhood excluding his own home from the HOA. Subsequent owners thought it was part of the HOA and paid the annual fees. Now that my parents own the property and are remodeling, the HOA board wants them to subject the house to the HOA covenants by filing a legal document to include it. (They are not doing anything out of the ordinary and included the HOA in their design reviews just to be a good neighbor, to which the HOA gave a verbal approval AFTER 5 MONTHS) There is no reason why my parents should include their property in the HOA - no benefit other than the Christmas decor at the entrance and incurring the wrath of opinions from the ACC in the future. However, they still want to give their fair share to the HOA and be a good neighbor. They would like to make a "donation" of the $600 rather than pay the HOA bill for the $600 fee. Is that plausible? They figure by paying the fee it would set a precedent that they agreed to be in the HOA. Is there another way to approach this?

What Larry said.
Also, the first thing I would do is check at the recorders office and make sure that your parent's house is excluded from the HOA Plat. I would prepare a letter to the HOA stating that the house is not part of the HOA, that the developer built the house 20 years before the HOA was begun, and that although nothing is owed to the HOA, you are making a strictly voluntary $600 donation. Have the letter notarized and recorded.

Note,

The donation would not be tax deductible.
However, it would count as taxable income to the Association.

Personally, I'd tell them tough luck and not pay anything.

However, you should verify that there are no deed restrictions on the property (which I suspect you have already done) prior to saying anything. Additionally, as others have advised, a 10 min conversation with an attorney on the issue couldn't hurt.

No good deed goes unpunished. If it was me, I wouldn't even entertain a discussion of the subject with the HOA. Give them a donation when they're asking me to surrender rights I'm not required by law to give up? Hah. Pull my finger.

Actually, depending on how well the issue is known, it wouldn't be unrealistic for a committee member or a Board member to think that all homes within the subdivision were subject to the CC&Rs and other Association governing docs. It also wouldn't be unrealistic for that same individual to take the word of the homeowner that they were not subject to the governing docs until that individual did some checking on their own (if they even bother to take the time to check).

So, I wouldn't call it a power trip.
I would simply call it being uninformed.

Your parents seem like the bigger people... but it sounds like if the board is considering taking legal action against your parents who have zero obligation (and they know that but insist a previous owner made a pinky promise which makes your parents liable to the HOA), your parents would be better off not even donating. If they will push a twenty year old discussion and may sue than they will certainly go after your parents for any other angle that opens up.

Actually, I think your parents are cool. Acknowledging that there is a cost of upkeep and desiring to maintain goodwill with neighbors. Also, willing to stay out of HOA politics because they won't have a vote - Except for their ability to stop making donations.

The other thing I like about the donations is this - There will be other homeowners who will get angry with the board for wasting HOA money to sue people who are paying.

Re the "pinky promise" - no effect if it isn't documented and recorded. You can validate this by reading your state's recording statutes.

Finally - to keep your parents safe from the nasties - only put one flamingo in the front yard and park all the rusted out cars out back.

Plus don't think the promise will hold up in court. My neighborhood argued intent of owners from 30 years ago to a judge. When asked where it was written the HOA'S lawyer could only say what he believed to be the facts. That argument didn't work.

If I give you a series of gifts Crystal, I have no obligation to continue giving you such gifts - especially if I have recorded a public document stating that I have no such obligation.

See my first post to this thread.

In my community we have a few property owners who make a payment, but do not belong to the HOA. Lord knows why, but they feel more comfortable that way. I guess they figure it excludes them from liability should the HOA be sued or an assessment imposed.

Regardless, the CCR's apply to all homes in the community, and just like the OP, all projects, etc. must be in compliance with the covenants.