2 Family Condo - Ownera ARE association - One owner removed common pool

Briefly here is a description of the issue. We are owners of one unit and there are owners of the other unit.

There was an above ground pool on the common property. the other owner built the pool originally before we purchased the place. They never ammended the condo docs to state this improvement belonged solely to them therefore it belonged to both owners (evne though they did not believe that).

FF to this week. They removed the pool and abandoned their condo and plan to let it lapse into foreclosure. When they took the pool out they left all of the concret surrounding the pool plus they smashed the porch that was attached and left all of the wood and hazardous materials on the yard.

We were never consulted about the removal of the pool. They said that since they don't live there anymore they are not responsible. We are asking them to pay for the removal, repairs and the loss of value that the removal of the pool poses for our property.

We have given them a deadline and if they don't meet it we plan on taking them to court to recoup the monies.

I guess I want to make sure we are in the right in asking them to pay for the entire removal of the materials and repairs.

Thanks!