Hello again. Thank you for your patience.
The key here is whether the bylaws or declaration allows the HOA to make the changes that you described. If so, then the builder’s actions are lawful. If not, then you certainly have legal recourse.
Accordingly, you need to get your hands on copies of the bylaws and declaration. The declaration is recorded with your county’s land records. Therefore, you can get a copy by visiting the land records office. The HOA must provide a copy of the bylaws upon request. If it does not, then note the following law:
Sec. 209.005. ASSOCIATION RECORDS.
(m) A property owners' association composed of more than 14 lots shall adopt and comply with a document retention policy that includes, at a minimum, the following requirements:
(1) certificates of formation, bylaws, restrictive covenants, and all amendments to the certificates of formation, bylaws, and covenants shall be retained permanently;
(n) A member of a property owners' association who is denied access to or copies of association books or records to which the member is entitled under this section may file a petition with the justice of the peace of a justice precinct in which all or part of the property that is governed by the association is located requesting relief in accordance with this subsection. If the justice of the peace finds that the member is entitled to access to or copies of the records, the justice of the peace may grant one or more of the following remedies:
(1) a judgment ordering the property owners' association to release or allow access to the books or records;
(2) a judgment against the property owners' association for court costs and attorney's fees incurred in connection with seeking a remedy under this section; or
(3) a judgment authorizing the owner or the owner's assignee to deduct the amounts awarded under Subdivision (2) from any future regular or special assessments payable to the property owners' association.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)