Here are more info:
1. Which state are you in?
2. What is in your CC&R?
3. If this is indeed a construction defect, you can get attorney involved and there can be a class action suit. You can not get much out of it because most state has cap on this type of case. The case will look like XXX Owner Association Vs. XYZ construction.
4. Property build in 2001 is not new.