We are very familiar with new construction and lawsuits that pertain to them. PUD's sue the builder less often connected units like townhomes and condos. In the old days, many construction defect attorneys would put projects in their calendar 8 to 9 years out to follow up with the home owners to "help them with their problems".
We are not saying that issues do not happen, they do, but not always.
It is important that you understand the law and Steve below has it correct. Lastly, the HOA has to have a percentage of the community vote (in your by-laws) in order for them to take action. Sometimes the by-laws describe the process to pursue legal action.
We recommend you talk to the HOA, see who understands the by-laws and go from there.
Best of luck,
Mark & Kari Shea
Shea Real Estate
Serving Greater San Diego