CC&R'S

I purchased my home one year ago. We live on a site on a river that has a 5 townhouses that for the most part were built 5 years ago. The Development Corp set up a CC&R's in 2014 but a HOA was never put into place.
I was never informed that these Documents existed. On the disclosure required by the seller I now see she checked 'non disclosure'.
In this document it clearly states that the property it's referring to is literally just my townhouse and the attached townhouse. No others.
Here's the issue. The Developer sent us a letter stating he wants needs to start a Master HOA, I'm guessing he's nervous because he owns the Storm Water permit and he overbuilt. He clearly stated he wanted to transfer the permit to the appropriate entity (Master HOA).
As i see it I have 50% of the vote so there's no way I can be forced to do this.
Am i right?
Thanks for any insight!

Regardless if you were told or not, there are deed restrictions on your land.
Eve,

Not being told there were deed restrictions would be an issue between you and the seller and, perhaps the realtor and title insurance. You will likely need to check with a local attorney.

Without seeing your documents and only going by experience reading other documents, I doubt you have 50% of the vote.
You need to read your deed restrictions, aka covenants, and bylaws. Typically, each lot gets 1 vote. Some condominiums divide the vote based on square footage. Again, need to read the covenants and bylaws.

Additionally, it's typical for the governing documents to specify that the developer gets more then one vote for each lot they own. It's also possible that the governing documents specify that the developer has the authority to change things until x number of lots are sold. Again, you need to obtain and read a copy of your governing documents.

If you think the developer overbuilt, contact the County/City as they have the authority to address the issue.

You should keep in mind that at some point the storm water management would be the responsibility of the owners, via an Association, anyway. This is how it's done.

In the future don't be surprised when assessments need to be raised. Many developers keep the assessments artificially low to entice buyers and once the governing of the Association is turned over to the members, the Board realizes that there isn't enough funds to do everything and save for future repairs (reserves). This has many members go through sticker shock once they realize what their share is.

I know that this isn't what you wanted to hear.

Hope it helps.

Tim