Creating an HOA that was never formed according to CC&Rs

[Loren Whitney]

Hello BP Community, I haven't posted in years so it's awesome to log back in again and participate. 

I'm looking for help on two questions: 

1. What are the steps and/or roadblocks associated with creating an HOA that was intended for a development (stated in CC&Rs) but then never formally created.

2. What rights/options might lot owners have in enforcing road maintenance when an HOA doesn't formally exist yet?

Here are the facts: 

We own in a small development (8 lots on plat). The development is on a private road and there are CC&Rs in place. The CC&Rs specify the following,  "An Association shall be a non-profit association setup for the purpose of maintaining the roads within the development."

HOA bylaws were never formally created and one member of the community has basically self-appointed themselves as the leader in organizing repairs and raising funds for the road. Collecting funds for the road has been a struggle and some believe that they're not legally obligated to participate in this informal arrangement.

Anyone have insights? Thanks for advance for any helpful information,.