HOA Formation: Please Help!

Hello Everyone!

Our neighborhood has covenants that MAY be invalid because it states that the builder, 40 years ago, was meant to appoint appoint an Architectural Board which he did not do. Furthermore, the covenants have been violated with no enforcement thus far. It states that homeowners individually or collectively may sue for damages if there is a violation, it also says that there must a 2/3 vote to change the rules. NO Architectural board, Board of Directors or HOA was formed by the builder 40 years ago. He simply recorded the covenants and then sold off his lots.

My question is as follows:

1) While there can be a vote to change rules, can the vote also Add rules specifically one that requires home owners to pay a fee or dues?

2) If the neighborhood decides in majority to form an HOA, given that there are covenants recorded against the land - can ALL homeowners be forced to join the HOA regardless of it they want to?

3) Can the covenants be modified to force people to join the HOA?

The covenant documents are 3 pages and written in simple english. I have attached a copy as a PDF for your reference, please feel free to take a look Any advice will be GREATLY appreciated.

THANK YOU!!!

Thank you for sharing your thoughts Tim! Have you seen a case were someone was forced to join an HOA after they bought their home because CCR's existed?

Best,
Arjun

Thanks for sharing your opinion! I am under the impression that they are invalid because of selective enforcement, no valid BOD, HOA or Architectural Committee being appointed.

Regardless, I wonder if a homeowner can be forced to join a new HOA that was formed after they bought their home.