No, if the real property is subject to recorded CC&Rs, membership in the HOA is not optional.
It appears you need an attorney to review, analyze and explain the CC&Rs to you to ascertain your rights and remedies.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.