voluntary vs mandatory hoa

subdivision was formed in 1944 in michigan

deed restrictions state that they will expire oct 1 1969 unless amended by vote of 2/3 of homeowners. according to registrar of deeds nothing was ever filed showing any amdendments

most deeds issued after 1969 do not include restrictions due to the expiration above

HOA has existed since 1955 as a michigan non profit corp

new owners are not made aware of association at closing because title company doesnt include the deed restrictions due to their expiration.

is the HOA a voluntary or mandatory HOA?

the articles of incorporation can be read at http://www.dleg.state.mi.us/bcs_corp/image.asp?FILE_TYPE=STS&FILE_NAME=D0090\STAT0460\92140344.TIF

they talk about basic maintenance and to enforce all restrictions set forth in the orignial plat as filed and all subsequent deeds conveying property in said subdivision.

the cc & rs still exist as association bylaws but there is no attachment or connection to the deed

I appreciate any help and i hope this helps thanks a lot

Craig, you have a voluntary HOA which is a social organization only. Since the deed restrictions expired the HOA has no restrictions which they can enforce. As voluntary HOA with Bylaws and no deed restrictions you can be incorporated by the state but each are distictly separate and are often confused with deed restrictions. Also, there can be CC&Rs, be a voluntary or manditory HOA, and may or may not be incorporated.