Well, it looks like they have no liability under contract law because you agreed to that contract by buying the condo.
However, the HOA might be liable under negligence law.
Your opinion and my opinion is useless to you. Negligence is a complex issue so I suggest you pay that lawyer for the couple of hours that it will take to review the declarations and discuss your options.
I can almost guarantee that you will get nowhere without an attorney of your own.

