Real Estate Law
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Hi - my name is XXXXX XXXXX I'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.
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