§36A-3-5. Remedy for noncompliance with code of regulations,
administrative provisions, etc.
Failure to comply with the code of regulations and with such
rules governing the details of the use and operation of the
property and the use of the common elements as may be in effect
from time to time and with the covenants, conditions and
restrictions set forth in the declaration or in deeds of units or
in the declaration plan shall be grounds for an action for the
recovery of damages or for injunctive relief, or both,
maintainable by any member of the council on behalf of the
council or the unit owners or, in a proper case, by an aggrieved
unit owner or by any person who holds a mortgage lien upon a unit
and is aggrieved by any such noncompliance.