Forming a new HOA to cover additional houses within a subdivision with different covenants

I live in a subdivison that is in two sections we live in the newer section which has no HOA - started development in 2005. The older section which was started in 1999 and an HOA developed about 6 years ago. The covenants which we thought applied to both sections are posted on the website. When we purchased our home 8 years ago we were not provided with covenants and thought that the ones posted on the website were the ones that applied to us. Recently I have found out that our section has a separate set of covenants and have asked for them but have not been provided. Now the developer wants to turn over the second section to a HOA and is trying to take care of violations before doing so. Since we were not provided with or aware of the different set of covenants for our section is there a possiblity that we could be grandfathered in to the original sections covenants?

The issue that we have is that we have purchased a camper in the past year and a half and the new rules apparently don't allow for campers, boats, etc to be parked on the lot whereas the covenants for the first section allow for them to be placed in the back yard. We've been give a letter indicating we are in violation to something that we did not know about so any information would be helpful.

There is also questions about how the developer is going about setting up the HOA. Just this week there were letters placed in random peoples mailboxes wanting them to join a meeting set up for next Monday to start the organization process. Is this legal to randomly select people for an organizational meeting?

Sherri,

A developer cannot lawfully impose restrictions after he has sold you the property. Your first step should be to read your own deed and look for language similar to "subject to restrictions." The specific restrictions, if there are any, then should either be attached as an exhibit to your deed or refer to a book and page number where they are recorded. In my part of the world, the title company would normally furnish copies of any restrictions as part of the package of documents at closing. If you do not have copies you should be able to obtain them at the office where deeds are recorded.

Joining two different sections with different CC&R's will not be easy. Each set of CC&R's will have its own method for amending it and you will need to obtain the approval of whatever percent of owners each requires.

If your CC&R's require joining an HOA, then the association should have been incorporated before the first lot was sold. If by "organizing" the HOA the developer means to transition it from his control to the owners, then he should be inviting all owners to participate.

Thanks for the feedback. I've checked by paperwork several times and the covenants were not provided. I do however, see that it mentions the restrictive covenants and the plat book they were recorded in and have since obtained a copy. I guess we should have known to ask for them and not rely on the website or the realtor to let us know??? ... but 8 years after the fact that this is being brought up is kind of riduclous to me. His motive is to transfer the fees for mowing grass and electricity for a fountain around two rention ponds to the HOA.

Here are a few of the other restrictions that are listed which are currently in violation:
No fences over 4 feet
No out buildings
2 Hardwood trees that our over 6 ft tall planted in the front yard
40% of the house shall be covered in brick.