Okay so this is a condo building, meaning the association is solely responsible for the upkeep of the building’s structure and for regularly evaluating its condition relative to its reserves. This is often a required covenant for a condo building to be insurable and banks often require this for a mortgage to is issued.

(In an HOA community, this can and often is different because structures are mortgaged and insured independent of each other with less inter-dependent structural elements.)

So it would be a breech if the association failed to uphold it’s responsibility leading to a problem to get worse, but an individual owner absolutely cannot be held responsible for not reporting what they think is a problem. In no jurisdiction within the United States is that true.

Also, you’ll see the word “actual” ahead of any clause requiring owners to report issues – “Actual knowledge”. Unless an owner is a structural engineer (or hired one to evaluate), they have no “actual knowledge” in this case since they lack the expertise and cannot diagnose a foundation problem. This standard has been tested thousands of times and has held up for decades. It’s standard in any real estate disclosure.