I thought they also had to be paying taxes on it as well.
it isn't enough to maintain the property, but they have to show they kept it up to date with the .gov too.

I think this is an hoa type thing,(which I hate) and that makes voting the only way you are going to get out of this.
you would have to get enough people out of the 38 to back you in the next meeting to get them to stop this crap and let this guy "take" the land.
otherwise you will be out the legal fees, or rather you should be prepared to be out the legal fees.