Community submitted HOA declaration filing without our consent

Get more information from whoever told you this - is he/she also a homeowner in your community and is trying to educate everyone on all this? If so, work with him/her to review the paperwork (get it from the agency where the paperwork was filed - start with the county recorder's office).

You should also dig up the paperwork you got at closing and review it (all of it) and see if there was mention of a HOA.
When you brought your home, the developer may have still been in charge and if it's now finished building out the community and filed the paperwork, it would appear you are in an HOA and will have to live with it unless you sell and move. Take all this stuff to your attorney to determine what your next steps should be.

Are there any restrictions written on your deed? A dozen HOAs may form all saying my lot is a part of their HOA, and even if that was totally legal the fact is if there's no deed restriction on my deed then their wishful thinking doesn't make me obligated to them for anything.

Good, because I may have misspoke earlier. Mr. Lipsutz opines that it doesn't entirely matter what's on your deed. What matters is that you search the county records to see if there has ever been a recorded declaration for the property. He says if there were none then you can't be forced to join an HOA. On the other hand, if there are covenants - even ones you didn't know about - then you are likely bound by them. Deeds can be inaccurate.

Then you should be in good shape. I hope you have some neighbors who are also aware of what appears to be a "fast one" the pro-HOA people are trying to pull on you.

The main body of all paperwork submitted is titled warranty deed, with a main body of Deed restrictions, and the stand alone sentence that reads 'the covenants and restrictions shall run with the land'. That is the language from the very first submission by the Developer and again when it transferred to the subdivision we live in. Other than those two submissions, the 4 couples who purchased here only received a copy of that...which in the country are typical zoning type restrictions, easements, encasements, etc.

My opinion is to contact an attorney to verify records at the courthouse and, if needed, send a letter to the Association explaining the legality of what was done. Could be the best $1,000 you spent.

Mmm... How to explain this... A HOA as I've said before is basically a "club". A club made up of the owners for the purpose of enforcing the rules, collect dues, and keep property looking good for potential buyers. Now you can have CC&R's for restrictions on your property/home. They should be on file at the court house. They are PUBLIC documents.

Now, to actually enforce these rules you need people. That is when a "Homeowner's Association" (HOA) is formed. It needs certain abilities to collect dues and protections like insurance. This is provided by it becoming incorporated. Hence the Articles of Incorporation on file at the STATE level. Again PUBLIC documents. The HOA can be incorporated as a non-profit (NOT charitable) or For-Profit. Most a are Non-profit set up to collect as much it spends on it's operational expenses.

The By-laws are created to be internal documents of the HOA to flesh-out the CC&R's. They may or may not be filed and NOT public. The by-laws help the people in the HOA enforce the rules in the CC&R's.

So you are still in a HOA if there are CC&R's but just means no people have formed a group to incorporate them. It can mean your neighbor can decide to enforce them via court system if they believe your in violation. Example: You build a shed that is too tall. Your neighbor can take you to court to make you tear down the shed or lower it. If there was a HOA formed, then it would be a decision ALL your neighbors can decide how to handle.

Very wrong.

An HOA/COA is a company, created by the contract (deed restrictions) agreed to by all homeowners when they purchased.
Said purpose of the company is to maintain the common areas, maintain the common elements and provide any services (trash, etc.) outlined in the terms of the contract (Declaration).

In addition, the HOA/COA has the ability - but typically not the requirement (similar to every owner) to enforce the terms of the covenants.