Dealing with an unorganized HOA

[Alec LaBounty]

So, long story short. I purchased a home in 2018 with a HOA. They had changed management a few times, and are now self managed (yikes). On top of changing rules regularly, and threatening fines for rules that were changed the next week, they never did the initial inspection with the builder.

The house is now listed for sale, and I'm debating just listing as a rental because it's a great town, and the rental inventory is low for higher end single family homes. 

Here is my issue. The realtor has given us the runaround saying they cant get ahold of the builder to get the work done, come to find out they work in the same office. I'm on the fence about contacting a lawyer, just because I don't know if I should be going after the HOA for the work to be completed due to their negligence with the initial inspection that was supposed to be done before possession, or the builder who was supposed to complete the work regardless.

The work that needs to be completed:
Gutters 
Binder coat on driveway
Bring front walkway step height to code
Expand landscaping, and add "ornamental" tree
Fix stonework on front facade with sub par installation 
(They tried to get me to re-side the whole house a shade lighter already and I told them no)

What would you do? Thanks in advance.