Mr. Norris it is not about the $50 or any amount of money.
As you stated in another post you are new here and you do not know the history. Way back before you moved here there was an attempt to activate the HOA and NOBODY wanted it so it was shelved. I am very sure that the majority of the people out here still do not want the HOA.
Further, now can a HOA be of any benefit when all the homeowners are not even in it. You have a minimum of 44 homeowners who can do as they please with their property without fear of having a lien placed on it.
THAT is the issue. Not the $50.
Apparently the $50 is an issue for those who are not "IN" and who have complained so that you have had to put their money in a separate account for refund until your "Legal Team" sorts this out. It's quite okay if those 44+ folks don't pay since they can do as they please. The other 140+ people do have to worry about a lien on their property if they don't follow the by laws.
Just what we need here: A legal team! A HOA where some are "IN" and some are "OUT" Now that all this is a public record be sure and notify anyone who wants to purchase your home the situation out here and see how fast they run.
If 44 + people do not have to upkeep their property out here then having a HOA is not going to be of any help.
Surely Mr. Norris you cannot be that naive that you cannot see the unfairness or the futility of having a HOA where ALL homeowners do not have to participate.
I would move but now this HOA situation will have to be disclosed and I am sure the HOA with it's Legal Team will drive away all potential purchasers.