New to subdivisions, new home and new subdivision.

James, since the HOA has not yet been formed it is not part of your deed. Thus, I do not believe you are required to join unless you chose to do so, no matter what the Developer wants to do. Demand correction of any problems which may potentially affect your property be completed before you consider signing to join.

James, We had similar problems last year with drainage problems on our lot. Our HOA was formed and is still in control by the builder. However, one bit of advice i can offer is to do your due diligence. By this i mean, that when I investigated about our storm water runoff and erosion problems, I found the Cuty to be very helpful( we are in Charlotte, NC) The city and county here both have ordinances that the builders/developers are required to abide by and when they do not thye are the powers that can enforce that they do. When I saw that the builder was trying to put us off, I called in both the storm water inspecyors and the erosion inspectors. Since that point it took a battle of about 4 months but justice prevailed and the issues were addressed to our benefit. I don't know where you are but the internet can help in searching. You can also try to see if there is a Cooperative Extension through your state and see if you can have soil test done. The last thing you want is water damaging the foundation of your home. Press on and put up a good fight to get them to fix the problems. Most counties in most states do have consumer protection vehicles in place. Don't think you are alone. As for the HOA forming, are any of your neighbors having the same kind of problems with water runoff? If so, you can try to join together with your neighbors as well. There is power in numbers. We did that too, there were about 15 homes affected by the poor planning of the builder's land development team who completely underestimated the water. We had mini rivers running straight through our yards into a main storm drain easement, which was insufficient in size to handle the amount of water. Check with your local authorities to see who will help your cause. I hope I have helped a bit.