So much going on in this post! First, the HOA announced they weren't going to enforce the CC&R? It's their absolute duty to! They can't volunteer for the position as a trustee of the HOA's money and the property and then openly declare they won't do it. A member could sue them for gross negligence if failure to enforce the CC&R causes damage.
As far as releasing recordings of the executive session, I don't know specific laws in North Carolina, but in general, closed sessions are exceptions to open meeting rules. That is, an assembly is required to have its meetings in the open, except when discussing anything that needs privacy to ensure integrity, such as discussing legal strategy in pending litigation, reviewing contract bids, etc., or would violate privacy (discussing issues pertaining to one member). Voting on whether to sue someone would qualify. But, if the board decides it's in the best interest of the HOA to release information about what happened in executive session, then there's probably no specific prohibition. A board member shouldn't do it, though, on his own.
There shouldn't be a need to, though. I mean, people can now go to an open meeting and ask the board what their thinking was in filing the lawsuit.
And, as you've found, if there's nothing in the CC&R or By Laws that require a vote of the membership to file a lawsuit, then of course it's up to the Board alone.
