Real Estate Law
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Welcome Maria and thank you for your question. Pursuant to the terms of service of the site the attorneys cannot provide legal advice but rather general information. While we are unable to represent you we can, hopefully, lead you in the right direction armed with the pertinent law.
The first thing we need to look at is your condo governing documents. Each HOA has their own bylaws and rules and regulations. The governing documents are considered a contract between the HOA and the individual owners and as such both parties are bound to the same rules.
If there is someone living in the unit upstairs that was negligent and caused the leak they would be the responsible party. If the leak was not caused by anything the neighbor did we need to look at the bylaws to see if the HOA is responsible.
The bylaws will specifically set out the HOA's responsibilities and the owners responsibility. There should be a definition in your documents with regard to what is considered Common Area and required to maintained by the HOA.
Do you have a copy of your bylaws?
Maria based on the information I do not see any situation where the HOA or the neighbor is NOT responsible for the repairs. We need to get you headed in the right direction. Where is Florida is the condo located? http://fightsforyou.net/florida-property-damage-insurance-attorney/florida-condo-owner-mold-damage-water-damage-due-water-leak-happens-condo-association-refuses-pay/
This is a link for the laws govern Condos in Florida http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718.html