Thank you very much for your question.

First of all, this is not a contingency case as you are asking for damages based more from breach of contract than actual injury to you, so I can understand why your attorney did not wish to take this case.

Second of all, you have a couple of options:

1. You can contact your own insurer and see if they are willing to help redo this damage and then file for reimbursement against the HOA and the Builder.

2. You can sue the builder separately for the damage and breach of contract. Be aware that you may have difficulty collecting if the builder decides to go into bankruptcy.

3. You can sue the neighbor's insurance for the damages that her leak caused to you, and argue that any and all damages were caused directly by her, including the wall.

4. You can consider filing against the HOA for negligence in hiring a company that was so incompetent and left you worse off then you were.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

I am truly sympathetic to what you must be going through--it is completely unacceptable living in your own home that is open to the elements. However without filing against the guilty parties you will not be able to be compensated. Other then filing against the parties as I outlined for you, I am not sure what other advice or information I can prove you with, unless you want to try to file against the builders "pro se", that is without representation, and that is something I highly recommend you do not do.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.