Does a non-member of a voluntary HOA owe money for the up keep of a common road. HOA is not on my deed nor are there and covenants or restrictions on my deed.
2 Answers from Attorneys
You may be right. However, the best way to find out would be a review of the association documents, your deed, and the chain of title. On some occasions there is an omission in a deed that might impact your rights and responsibilities. Another theory in cases of this type is that you are receiving a betterment to your property and have an equitable duty to contribute. Either way, these are technical issues best reviewed by an attorney familiar with real estate law and home owners associations.
Even if your deed doesn't contain the covenants you may still be liable through a contract theory. If you signed anything or agreed verbally you may still be obligated.
As Bruce said, you should consult an attorney as this can be a rather technical issue.