Apparently you can in a sense.  I am a member of the Colony West Homes Association board of directors in Little Rock, AR with about 450 homeowners, and 1 of our 8 board members didn't like the way an annual board member election took place so he decided to sue the association.  I think he has the Fidel Castro complex and wanted to start building his "empire" with hand-picked cronies.  Problem is, our association insurance covers any suit brought against the association BUT it cannot defend a suit brought by one of it's "Insureds"...the catch 22.

  This board member, who some believe clearly qualifies for a Brain Injury disability, decided to also include in his suit, that 2 separately legal-named subdivisions adjacent to our subdivision do NOT want to be in our POA or pay dues anymore, despite the fact they consider themselves part of our association and have happily paid dues for some 30 years and only 1 person in this group of about 20 also suffers from the same mental ailment. 

  Bottom line is, our high-powered legal firm has charged us some $5,000 to date in a case they say has absolutely no merit, yet filing for a summary judgement seems to be too difficult to manage.  They also say this board member cannot "represent a group" in a lawsuit that are not "parties to the lawsuit", which they're not.

  Our "Legal Contact" board member is virtually the only person that communicates with our counsel and many on the board get the erie feeling that we're not getting the level of representation we expect paying $100 an hour for what we're being told is a "no brainer".  If that's the case, why hasn't this thing disappeared?

  My question for the legal brains in here is "could you have in your Association Bylaws that a member of a board CANNOT sue the board, a board member or the association" without first resigning?