Real Estate Law
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I am sorry to hear that you are having these problems, but if your HOA Board isn't willing to take action, then you are left with suing the neighbor upstairs for "private nuisance" and property damage. A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.
So this is clearly a nuisance and you can sue the upstairs owner for damages and an injunctive order from a judge forcing them to allow entry into their property to find the source of the leak and abate it. But if you were to have a contractor go through your ceiling, they would easily find the source of the leak...likely a water line or drain that has rusted through.