HOA approved contractors

Hi everyone and Happy New Year,

We live in a gated community and had our home built by a approved contractor from the HOA. During the construction phase there have been many issues with the contractor. There are hundreds of pictures from the open forms for footings, all the way through completion. We had emailed the contractor for all discrepancies found during and after the build to repair them. After completion of the home we had noticed that the foundation was not stable, and hired a structural engineer to asses the situation. The report came back and is not good.

We are well on the way with action to resolve this. What I am wondering is if the HOA or ARC has any liability as an "approved contractor" for poor workmanship. We are not the only home to have these issues from the same contractor within our community, but many will do nothing to repair their problems. These contractors had no oversight during the housing market boom from any board members or outside services. Again, the HOA/ARC advertised these companies as Approved Contractors within the community on the website. Do they hold any responsibility or liability when doing so?

Thanks,

MAK

Document each email, text or other communication methods that pertain to this issue. Take the time to take photos of all of the issues and somehow show time/date. Note any person whom you have spoken with or sent information to.