You can, but there is probably not much point. Suing the HOA itself, and not the individual board members, will accomplish the same thing, if you are suing to get the HOA to comply with the bylaws. If you are suing for money damages, the HOA SHOULD have insurance, including insurance for its Board Members, so any claim filed, whether against the HOA or Board Members, or both, will be defended by the HOA's insurance carrier. Not sure precisely what you intend to accomplish by suing the HOA; best remedy is to vote the Board out at its next annual meeting and replace them with more competent ones.
This post is for marketing and informational purposes only. It is not intended to nor does it create an attorney-client relationship with the reader.
Under the Property Owner's Association Act and the Georgia Non-Profit Corporation Code, you do have certain rights with regard to the Association and in some circumstances the officers and directors for breaches of fiduciary duties. While you can wait to the annual election to try to take control, you may be able to take action sooner if circumstances warrant. I would suggest you review your covenants and the Georgia acts to determine you rights, remedies and options and strongly consider discussing the matter with legal counsel.
Disclosure: This answer and any information contained in this answer is not intended to be treated as legal advice. It is for informational purposes to educate about legal issues. You should contact an attorney for specific legal advice for your situation. Specific legal advice based on full knowledge of your specific situation and all facts may differ from general information. This posting does not create an attorney-client relationship or privilege of any kind. This attorney actively licensed only in the State of Georgia. If this is a Georgia matter, you may of course contact me to discuss possible representation. FEEDBACK: Both AVVO and other readers are interested in your feedback on the quality of the answers. Please check the “thumbs up” symbol if you find an answer helpful.
While I completely agree with both of the previous answers, you should look at your covenants and bylaws and see what if any procedure exists for removing board members now. It can be a difficult task and may require a percentage of all owners in the community, so you'd need to talk with a lot fo your neighbors and see if they have the same concerns. I do udnerstand that one of the most complained of issues in communities is the lack of communication between baords and the members. You may want to ask to inspect the records and in doing so you may learn that they've done nothing wrong and are workign with circumstances that you were unaware of, such as a lack of income from members not paying their assessments because of the economy, including bankruptcies and foreclosures. By the way, the reserve fund is not intended to pay regular bills, its purpose is to pay for long term capital repairs and maintenance. Did you mean there's not enough in the regular monthly operating account?
This is not intended to be legal advice or create an attorney-client relationship. If more information is needed, you should consult with an attorney in your state regarding the specifics of your situation and the options available to you.