Hi - my name is XXXXX XXXXX X'm a Real Estate litigation attorney here to assist you.
The good news is that the books don't lie! In this instance, if the covenants list the lots in the HOA, and your lot is not one of them, and if you haven't opted in as a member of the HOA, you cannot be forced into the HOA or forced to pay dues, abide by the covenants, etc.
However, before you take this position, you should review your loan closing documents to make sure that you didn't agree to be a member of the HOA, take a look at your deed to make sure there are not provisions or conditions on the deed that says you agree to the covenants/restrictions against your property, etc.
If there is nothing that says you agree to be a part of the HOA, and your house is on a lot that isn't in the HOA, I think you've got a solid position.
Please let me know if you have any additional questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).