Once again, Bruce is right. The HOA is like a little government body (smaller than a city) with limited scope and powers, but they can be a real pain. There are some that work properly, but far too many that the legislature does nothing to curtail their abuses.
If you run for the board elections and win, you can work with other board members to change things. Having run an association before and served on the board in other positions, I can tell you it is not as easy as it may appear outwardly.
Unfortunately, you are looking for a way to force them to do something. Only a judge above the JP level can do this. Filing in county court cannot be done by ordinary citizens -- you need an attorney. They cost beaucoups bucks and the outcome is not certain, except that you'll spend money.
You might ask an attorney if he could help you pro bono, but it is unlikely. When I contacted a local legal aid attorney about HOA abuses here in Dallas, he basically said there were other fish to fry that were more serious.
If you can find enough concerned neighbors, you can all run for board positions and take control. Of course you will learn how difficult it is to balance all the needs and wants of the members, while following the rules. Dues and fines will be the biggest headaches you have to deal with. But, picking a reasonable outside management company who doesn't just soak up your capital reserve or tick off most of the members is nigh on impossible.
You should write your state representative and state senator and ask them to enact legislation to push HOA matters down into JP court so that ordinary people can afford to take HOAs to task for their inaction or abuse. Despite some stinging news reports about HOAs foreclosing and other abuses, nobody is doing anything to rein them in. Surprisingly, the so-called professional management companies do not fare much better because they're amateurs, too, but often with an attitude. They take their cues from the amateur boards and also shoot from the hip many times.
Please don't be like most HOA victims who fail to read the CCRs, By-Laws and association Rules & Regulations. Many board members have no clue what's in those documents either, and then they shoot from the hip. Read them, go to board meetings and try to convince the existing board to change. If they don't, then take their place and do it better.... more