Real Estate Law
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When the subdivision was developed, was there a provision in the Covenants, Conditions, and Restrictions, for the formation of a HOA?
And was the HOA actually established at a later date?
Ok, the determining factor is going to be whether there was a provision for a HOA to be established in the recorded CCRs that were in place when you bought your property. If they say that the development is subject to a HOA to be established later, then you are stuck because you are agreeing to be bound by all the recorded CCRs of record at the time you purchase.
If they tried to put in a restriction after you bought your property that establishes a HOA, then they are out of luck because you are only subject to the restrictions of records in the local land records office when you purchase.
But you need to be looking at the recorded Covenants, Conditions, and Restrictions that were recorded before you bought your property to see what your property is subject to.
My guess is that the developer probably put in a provision for a HOA, just never got around to forming one, it was formed later, and now they are "ruling " the neighborhood and imposing dues and rules...
The CCRs are recorded in the same place where deeds are recorded. The mortgage has nothing to do with a HOA..
It is usually the County Clerk or Land Records Office..
I can't say if that info would be available online or not, but you may have to actually visit them to get a paper copy. You really need one anyway just so you know what the rules of the subdivision are and what you can and can't do. (i.e. fence height limitations, whether you can put an outbuilding on your property, store an RV in your drive,,etc....)
No, the deed is a completely different document from the CCRs.... they are both recorded in the same place but the CCRs are the rules and restrictions. The deed just describes the physical property and transfers ownership.
If you visit the local deeds office and tell them you are looking for the CCRs for the neighborhood, the clerks will help you get a copy.