HOA Fee's collected without supporting CC&R

The developer of the subdivision with which we live has been collecting an HOA fee from all the houses in the neighborhood claiming it is a mandatory regime fee. The developer also went to the extent to request every time a closing was occurring that an HOA fee be applied to the closing settlement papers. However, the CC&R recorded within the county we live does not indicate the existence of an HOA or mention the application of an annual assessment against our lots. My first thoughts is that the developer has been collecting the assessment under false pretenses. Does the developer have the legal rights to collect an assessment without a binding document such as the CC&R calling out the right to do so?

Or could the assessments be mentioned in a separate governing document? Like bylaws or something?

One last note....the subdivision was advertised as having an Homeowners association. This is what led everyone to believe that there existed a homeowners association. So when it appeared on the closing papers it wasn't out of the norm. False advertising?

Your going down a road you cant win.

Jeff,
Do your homework, Seems you have made a start. I would go on-line and check your county court house for all you can find out. Usually there is a Master Court Case index. Plug in your association name, see if there has been any court involvement, Plug in your developers name and Corp. (All Public record), any Management Companies, any significant names. You are not looking for dirt, you are looking for information that may inpact your association. Go to planning office and ask to see Master Plan, Double check you county records department and douible check entries that contain your association name. Check BBB, go on line and search Business Licenses for developer and check you association name.
If you are headed to some kind of aq show down with developer (and it will be necessary to clear this up) go knowing all you can. Things turn sour and you have the owners support, consider legal action. You sound smart enoiugh, just don't get careless and don't do it alone.
Don't ignore Steve's comments, this may be all very clear to some people in your association. Check it out. Having CC&R's, I agree , normally indicates there is a corporation (HOA). It is also true that many times things are not normal in HOA's.

Jeff,

Well, it appears the developer has tried to cover up his error by passing this addendum which establishes an HOA and I presume also states assessments shall be levied on each lot owner. If that is what has happened, it really may not be legal, but it would be up to the courts to decide. If the original CCRs made no mention of assessments nor an HOA then these additions cannot be made w/o the approval of the members. Some states require a 100% vote in favor; however case law has not been established in all states. To make matters worse the developer is still in control and has the majority vote so that could have a bearing if the requirement in your state would be for a 100% vote.

IMO, this requires the attention of a good HOA attorney to determine if the developer acted improperly in charging and collecting assessments, then following up with an amendment to the CCRs.