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In every jurisdiction I am aware of, a condo association is made responsible for proper care and maintenance of all "common elements". So the first question is whether the attics are common elements (or limited common elements). If they are common elements the association is usually responsible, and if limited common elements you have to look at the condominium declaration because it may assign primary obligation, but will usually say the association if it's more than one owner that's affected or could be affected.

If the builder is still on the hook, then the builder is responsible to the association. if the lack of ventilation was caused by the unit owner (blocking up a vent, say) the unit owner would be responsible to the association for damaging the common elements.

In any event every condominium association should have its own legal counsel, and I suggest the association engages counsel for this purpose.

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Q: In what instances would a condo assn not be responsible for attic mold because of lack of ventilation?
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