Some board members want to borrow from the roofing reserves so a special assessment can be kept low. Our fees are low, and the board doesn't want to raise them. It will take a vote of the members at a properly called members' meeting to approve using other reserve funds. I would suggest you use a special assessment to cover the added expenses rather than using all your reserves. Low maintenance fees are a sign of an inadequately managed association.
Inadequate reserves are a warning of future problems.
Take action to have your budget reflect good management operations to meet necessary expenditures. I can understand a special assessment for emergency maintenance but not because another owner is not paying the maintenance. Yes, it is legal. This is the cost of doing business. Most of the legal fees can be recovered in a foreclosure.