Queen's Grant Villas Horizontal Property Regimes I-V v. Daniel International Corp., 286 S.C. 555, 335 S.E.2d 365 (S.C. 1985), involved an action brought by the association against the developer "for alleged defects in the construction of the common elements of a condominium project," which the lower court disposed of on summary judgment for lack of standing. 335 S.E.2d at 365.
The Supreme Court of South Carolina reversed, holding that the "property regime ha[d] standing to bring an action for construction defects in common elements that the regime ha[d] the duty to maintain," particularly when "master deeds and the by-laws" charged the association with "the obligation to maintain the common elements." Id. at 366.
The Court went on to state, albeit in dicta: "Should the Regime not uphold its duty to pursue a recovery for any alleged construction defects in the common elements which it maintains, it may be liable to the homeowners for its omissions." Id.