My understanding is that this is all negotiated.
The Association should hire their own attorney (not associated with the developer).
If need be, the Association can see if the developer was required to put a bond up with the city and they can make a claim on the bond (if it hasn't been released) for some things.
Prior to making a claim - check with a local attorney Here is some info on transition (turnover):
Transition from the Community for Association Research
Developertransition.com This website is intended to specifically address the issues facing townhome, condominium, and homeowner associations in North Carolina. [still has good general information as well]
8 Steps to Transition your HOA or COA from Developer to Owner from an MC