HOA formed TWO years after purchase-Texas

Has anyone ever been in a situation where you purchased a home that did not have an HOA but an overzealous homeowner decided to establish one two years after purchase?

There literally was no HOA here. A couple of homeowners decided to start one so they filed for the certificate of formation and are now billing us.
There are deed restrictions on file but no HOA was ever formed until now.
Am I exempt?
There has been no election, no board and no bylaws existed.

What Sheila said. If there is nothing in your deed about a homeowners association, then the owners who are attempting to create one have NO authority to act on behalf of others in the community - do not pay them a dime.

However, if your deed does mention an HOA, it may be that owners have not been living up to their responsibilities and this group is trying to address that. In this case you should read all of the papers you were given when you bought your home and look to see if you can find anything like bylaws. Many/most HOAs are corporations, and the bylaws outline how the corporation is governed - they will talk about the board of directors, officers, meetings, elections, etc.

It may be that the certificate you mentioned was renewing your corporate status, which is a good thing and would allow the HOA to operate according to your bylaws. The next thing that activist group should be doing is holding a meeting of the entire membership and properly electing a board to govern the association.

Also, our neighborhood is new. The few that want an HOA took it upon themselves to form one and claim it’s mandatory to join. They have no authority here but they are acting as though they do with their threats.

If the developer didn't do his/her due diligence in setting up a HOA, I wouldn't worry about threats from these people at all - if they want to sue you, let them. Then they can explain to the judge why they didn't feel it necessary to get EVERYONE to participate in the HOA properly instead of completing some sort of form and now thinking that justifies them demanding money And why did it take them two years before deciding a HOA was necessary now?

AugustinD's observations are what I'd take to an attorney, but for now, I don't think I'd even bother with that. Suing people costs money, so if they want to do it, have at it - if what you've said so far is true, these folks will have their butts handed back to them by a judge (and they'd deserve it)

Hmmm ... overzealous, or smart?

Remember, attorneys like to agree with you if you are paying them :-)

And, as I always say, please let us know how it works out in the end - we all learn from the final state.

Did he write a letter to those trying to start the HOA? I would want a copy of that letter for my records and to show others that feel bullied.

I’m sure that’s true in a lot of cases. Thanks for your input and once this is resolved I’ll post the outcome.