Change CC&R without active HOA

We live in a neighborhood with CC&R’s and no HOA. No one follows these rules besides the rule that states only manufactured homes are allowed, no stick builts. A lot of these manufactured homes are old and need replacing.
There is also a monthly fee of $22.50 for a a pool. Neighbors have asked to see the financials for the fee we are paying and have never seen anything in return.
In the past neighbors have tried to change the CC&R’s but from what I’m reading on the court papers is that we have to have an active HOA to change these rules? Even though our CC&R states we only need majority vote to change our rules.
Does anyone here have any experience with changing your neighborhoods CC&R’s without an HOA.

Our CC&R’s state that we can only have manufactured homes.

By "HOA," Katie, do you mean there's no HOA board of directors?

With Douglas, where do you send your monthly fees?

We have no HOA. No board of directors. No on one enforcing CC&R’s.

There is a pool in the mobile home park about a mile down the road(which is not in our direct neighborhood) that our fee is for. Whoever owns the mobile home park will sometimes file lawsuits against those who break the CC&R’s but it is not consistent on who they are suing and for what. Everyone is breaking some form of the CC&R, the only one no one has broke yet, is the only manufactured home only rule.

We do not live in a mobile home park. We own our land. There is a mobile home park down the road that our neighborhood is tied to. We want to change this.

The majority of the neighborhood wants to get rid of this fee as we feel this is a pool for the mobile home park. We have asked to see how our money is being used on the pool and we have never seen any documentation.

KatieE,

-- Would you please quote exactly what the CC&Rs say about (1) the pool; and (2) any fees associated with living on the lot on which you reside?

-- If the CC&Rs do not speak of a HOA, and if the Oregon Secretary of State, Corporations division, does not have a record of any HOA, then you should get together a group to chip in and hire an attorney to advise you on how to amend the CC&Rs.

-- Amending CC&Rs (when there is no HOA) is not unusual. But every i must be dotted and t, crossed. You all absolutely cannot do this successfully, and with legal force, without hiring an attorney.

-- For a proposed amendment to pass, what percentage must vote in favor of the proposed amendment?

KatieE,

-- I see a HOA that may be your HOA listed at the Oregon Secretary of State site (R______ V_____ Homeowners Association). It appears to have been involuntarily dissolved in 1994. Involuntary dissolution is not a big deal. Involuntary dissolution occurs usually because someone forgot to pay the annual corporate registration fee. Legal rights do not go away just because a corporation is involuntarily dissolved. The HOA is likely easily resurrected.

-- I would contact the Oregon Secretary of State via https://sos.oregon.gov/Pages/contactus.aspx
and ask for a copy of the Articles of Incorporation of this HOA. The Articles of Incorporation might tell you a lot more.

-- What you attached appears to be for one part of a larger community. The larger community may have more covenants that go with it. You should go to the County Clerk's and ask for all the covenants associated with R______ V________.

-- This site seems to have some helpful information about the pool fee and who should be paying it:
https://www.city-data.com/forum/bend/1769047-inforcing-cc-rs-5.html

-- This site also seems to have some helpful information: https://www.sunnyinbend.com/blog/67583/Romaine+Village+Home+For+Sale

-- Once you have a copy of the Articles of Incorporation and have spoken with the County Clerk and obtained all covenants that apply, study the documents. Report back here with whether these documents indicate the lots are subject to a HOA.

The Articles of Incorporation say that the HOA has not been active since 1994

I have been trying to upload the court papers I found for the 2003 amendments but unfortunately it says the file isn't working.
The court ruled against the amendment because it didn't have 75% majority vote. Even though our CC&R says that we only need a majority vote to change it. From what I gathered from this, if we had an HOA only the majority would be needed. Without and HOA we need 75%

These two Oregon statute sections, under certain conditions, speak of a 75% affirmative vote of owners to amend:

https://www.oregonlaws.org/ors/94.590

https://www.oregonlaws.org/ors/94.573

I think these may apply even to an Oregon planned community built circa 1973. See the definitions at https://www.oregonlaws.org/ors/94.550