Can a builder setup an HOA post-no-HOA-contract?

[Dylan Long]

To be transparent, I find myself in this situation personally. We bought a home in March. As part of the entry discussion between our realtor and the builders we asked if there was an HOA, to which they said via email, no.

Fast forward to negotiations and closing, and the papers we signed between us and the builder for this home again stated there was no HOA.

We are one of nine houses in this new "cluster" built into an older neighborhood.  Six have been sold, three, including mine, are occupied  currently.

Fast-forward again to now, and a neighbor knocks on my door as he's received a letter from a new HOA management company welcoming us to the HOA, and telling us how to pay upcoming fees. All three of us, when we closed, were told no HOA, and signed contracts disclosing there was no HOA. Upon checking the mail I had the same letter.

The houses they're still trying to sell advertise a monthly HOA of about $70 I believe. Supposedly they're to cover a private drive to 6 of the houses (mine is not on this drive). There are no shared spaces, and we no landscaping services included.

None of the neighbors living here want this HOA. It's easy to know that, because there are only three of us, and we've all spoken.

So my question is, what is the legality of the builder setting up an HOA after selling three properties, with signed closing contracts all stating there was no HOA? If they insist on having an HOA, can we grandfather out of it as the group who setup the HOA "builder" also signed contracts with us in which no HOA was a provision?

This is in Portland, Oregon.

Cheers and thanks all for any advice.