Is the hoa incorporated?
Is the corporation in good standing with the Secretary of State in ND?
That gets you started on a legal track of discovery. You can research this yourself.
Has anyone known of a hoa or seen enforcements of said hoa in the last 5 yrs?
Anyone been paying monthly dues to the hoa?
The hoa may be considered null and void otherwise(expired due to fault of not maintaining the establishment)
You would also have paperwork you signed when you purchased your house.
I have the feeling that this older resident does not have a leg to stand on.
Do you due diligence!
-Mike
P.S. I will never live in an HOA...ever!