HOA liable for damage caused by common building to my unit?

[jake63]

What is the name of your state? CO

I own a condo in Denver, CO. The common area of the building sustained structural damage that caused the inside of my unit to sag considerably and sustain structural damage, cosmetic damage and loss of use (place has been unrentable for the full year that it has taken HOA to start repairs) as well as permanent loss in value.

The HOA has agreed to fix the damage to the common area but has refused to fix any damage to the area considered inside of my unit or reimburse me for loss of use or permanent loss of value due to the history of structural damage. My insurance won't pay since root cause is outside of my unit and HOA insurance won't pay for damage since it is mostly inside my unit. My losses stand to run about 25K to 30K.

The HOA has said in writing that the common area failing has directly caused my damage but they are under no legal obligation to reimburse me. I have been unable to find any CO law that directly addresses this situation in the absence of wanton negligence.

I would like to know if the fact of ownership makes them liable for damages that their building causes to my unit and if so, what CO law addresses this so that I can get reimbursed.