By now, most people in Condos, Townhomes and apartment buildings are aware that they have responsibility for their own unit and that the HOA is responsible to repair the common areas. But what happens if the homeowner lives on a common slab with three other tenants and the slab is deflecting and damaging the individual units? The HOA has to repair it because they are responsible for the common areas. But they refuse to do it. What next?
Well the unit owners have to sue the HOA for the damages to their property and can seek damages to repair the slab and or injunctive relief to force the HOA to repair it. The Condominium statute requres that the homeowner bring at least one other unit owner into the action with them.