Q: There is water/mold damage inside my condo unit from a leak above me, what are my chances taking the HOA to court?
The leak is from a common element pipe. The HOA has fixed the pipe but refused to pay for mold treatment inside my unit, citing demarcation at the drywall. The Bylaw says "all incidental damage caused to an Apartment by the maintenance, repair, or replacement work done by the Association shall be promptly repaired at the expense of the Association," but it is not clear if the incidental damage here include damages caused by wear and tear, or only incidental damage as a direct result of the work initiated by HOA.
A: That's impossible to say without reading your condo documents. Generally, the HOA is only liable for putting back the bare drywall but it's possible your documents do not require that. It is also crucial to know if the pipe services just one unit or multiple units. If the pipe services just one unit that unit owner is liable for your damages.
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