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Does the official legal real estate "C& R" document govern the actions of the subdivision or the HOA document?

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Real estate question. A person purchased a Farm. Approximately 20 acres. It is in a subdivision governed by a "Conditions&Restrictions" document. That doc is signed by the original land owner/developer, it is notorized & filed in the local court. It is also referenced and on record in all legal docs/ deeds regarding the property. No other document has ever been located or offered up by the subdivision/HOA after being asked many times. recently a new "HOA Charter" was presented. It's a 4 page document, signed by one person over 10 years ago. It isn't signed by anyone else, isn't notarized but, was filed with the state as a document pertaining to the "HOA". In other words it has a stamp stating "filed".

Attorney Answers

2
Steven Frazier ·
It appears from the information given that the developer placed restrictions on the real estate, which are binding on purchasers buying property to which the restrictions apply. Then someone has attempted to start a HOA by getting a corporate charter. Unless the restrictions anticipate a HOA, membership in the HOA is voluntary and is not binding on the subsequent owners. The only way to know for sure is to take the documents to a lawyer to read and advise as to the application of the documents to your situation.
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