How many votes are needed to start an association

Can someone tell me how many votes or what percentage of residents have to vote yes in order for an association to be put into effect? There are 45 homes in my community and apparently the covenants that were written, by the builder 25 years ago, were never enforced. The argument now is whether they are expired or not and whether we should move forward with putting in an association. Someone at the last meeting said they only need 40% of the homes to vote yes and they can move forward with the association. It's always been my understanding that majority rules so I'm not sure why or how it can be different with an association.

Background on what has led to this: Apparently there are 2 houses in our community (that some neighbors think) are becoming "run down" Apparently the health dept has been called and sited the 1 house and a neighbor offered the other house free labor if she would buy the materials, to which she refused. Now they want to put in an association with covenants that aren't even issues in our community i.e. parking is limited to your driveway, proper upkeep of grass, lawns, hedges maintained to the standards of the community, etc.

If the votes are in favor of an association is there anyway to be "grandfathered" out of an association since one has never been in place?

Thank you and any information you can provide would be appreciated.

Roger, thank you for your reply. What you wrote was helpful.

We were given a copy of the "Protective Covenants" during our first meeting (we've had 2) and the paragraph that is questionable, as far as whether they have expired or not, states: "The foregoing covenants (or restrictions) are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date of this plat, at which time said covenants (or restrictions) shall be automatically extended for successive periods to ten years unless changed by vote of a majority of the then owners of the building covered by these covenants (or restrictions), in whole or part. Invalidation of any one of the foregoing covenants (or restrictions), by Judgment or court order shall in no way effect any of the other covenants (or restrictions), which shall remain in full force and effect. Right to enforcement of these covenants is hereby granted to the Metropolitan Development Commission its successors or assigns."

You are correct in that we have not been paying a mandatory assessment but we do pay a voluntary $15 for snow removal per year.