I reckon you’d need to rewrite your governing documents. It may also depend on where you’re located. I think some states may have laws about this, though I’m not 100% certain. Or maybe you would need to dissolve your existing HOA and form a new one that doesn’t include Phase I. I’m just not sure how to go about all the legal processes.
If your HOA does get sued because of a fallen tree branch or something then the HOA would need to pay for defense. And yes that means the money is going to come out of the association’s funds which are funded by the homeowners including you. Unfortunately this is a reality for many associations and it’s not one I see changing any time soon. Hope you get this resolved OP.
I understand it’s hard to find people to volunteer for the board, especially since the pandemic put many boards through the fire. I’d start by personally approaching members you think would be a good fit for the role. Reach out to them and let them know you think they would do a great job. I find that people sometimes just need a little encouragement and that extra push.
solar panels are indeed a good investment & i have them on my roof too! in my case, my hoa let me install them cause the design kinda blends in with my roof anyway so it’s not very noticeable. does yours stand out a lot?
If the OP is the only one with complaints and everyone else paid the amount, I don’t see how he has a case. The cost of maintaining an HOA is not the same as it was 40 years ago. A judge could rule in favor of the board and agree that the CCR’s are in fact outdated. It can be argued that the board was simply doing their fiduciary duty of doing what’s in the best interests of the community. You can’t possibly think you can pay for all the community’s expenses and maintain the standard of living you’ve grown accustomed to on a small budget. We’re not in the 80s anymore.