Foundation Crack-Detached Condos Who Pays

We're a 20 unit association of detached condos in NH. One of the owners has a rack in the foundation and is requesting repair. Am I correct that the association is responsible to correct costs? Thanks

What Max said.

Your CC&Rs (aka Declaration) should have a section where they define "unit", "common elements" and "limited (exclusive use) common elements". There should also be a section where it spells out the unit owners' responsibilities and the association's responsibilities.

Usually, if it's part of the unit, it's the unit owner's responsibility - and if it's a common element, the association is responsible. The limited common elements can go either way, so you'll have to check.

In detached homes, the foundation may well be part of the unit and thus the owner's problem. However, there are always exceptions to this stuff, so read the CC&Rs carefully (especially when you come across phrases like "unless otherwise specified elsewhere").

We recently amended our bylaws. The old ones were from the 80's, when the units were built. From reading them, it looks like we are responsible?

We had a structure issue with a slab and an outside front wall. Hired an engineering firm for about $500.00 to inspect and supply recommendations. Well worth the $500.00. Our issue turned out to be a drainage problem allowing separation between the structure and the slab.

By the looks of what you posted, yes, this is an HOA issue and not an owner issue. Now that the HOA is aware of it, best to move forward and research a remedy before it becomes a much larger and more expensive issue.