HOA - Can I personally sue an HOA board member for their actions as a boardmember?

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Teri_Shuck

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My jurisdiction is: Colorado

I bought a piece of property for $525,000 which sits at the entrance to a homeowners association enforced gated community in Colorado. The property includes a small 1700 sq ft. house that was formally the sales office for the builder with a much larger lot. I live in that small house now and plan to build an addition in the next year that would be comparable to the homes in the community with a 4-car garage.

I have read and re-read the CIC governing docs and I am not violating any rules of the association, however, I have received several violation letters and fines from the management company.

Their issue is centered on parking. First they claimed that our pickup truck (yes, common in Colorado) is a commercial vehicle. It is not, but the fines were assessed anyway. Then they claimed that I could only have one vehicle per person living in the home on my driveway. Then, they suggested planting expensive trees so that it would "screen" my vehicles from their view. Finally, we moved our 2 vehicles off of the driveway to the public street in front of our house. They called the police and the city police told us that it was perfectly legal to park there.

Today, we received notification that the BOD is recommending an amendment to the covenants enacting fines for anyone that park their vehicle on the city street overnight. There are only 4 homes on the public road and the other 75 sit behind the gate. So if I can't park on my driveway and can't park on the road in front of my house, what is my recourse? Can an HOA board enact rules and fines regarding parking on a public city street?

Also, I feel that 2 gentlemen on the board have a personal vendetta against us. Comments have been made in HOA BOD meetings - once calling us white trash, another making a derogatory remark that we are unmarried and living together in sin, and once making a derogatory remark about my boyfriend's special needs brother.

What would I need to do to prove harassment?
 
I am in northern California and I will make as brief as I can.
We have issues with our building general manager, employee of management company.
Homeowners, including myself voiced our dissatisfaction of her performance,We found out she was abusing our fund for her personal use for over a six month it stopped now and paid back, common area work/repairs are not done over a year, delay after delay and she have excuses for everything, vendor, getting a bids, waiting for a Board approval, ect, ect. It was one page of 5 to 6 items were on the list back in Jan. now it 4 pages long with 15 to 20 items.
Some of us are been accused of being close to creating hostile work place for her.
Now, we have this draft of letter from our general counsel addressing the issues to all the homeowners. Our Board president sent out the draft to the Board to comment and he cc'd to our manager and to her boss. The draft, "it's here say, no ground, baseless and gossip that homeowners might get a restraining order. We, homeowners are the client and management company is not, when I put that in question our attorney respond to me "Management is covered under the Association's umbrella of the attorney client privilege based on Agency law. Therefore the attorney client privilege has not been compromised."
But we are discussing management company and their employee at our building. I just don't understand this. Any comments will be appreciated. Thank you.
 
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