You're about the 4th or 5th condo unitowner in a week to report no insurance.
What the heck is wrong with you people. Those policies only cost a few hundred a year.
Well, I have to tell you that you are probably on your own for your interior repairs. Interior drywall is often defined as part of the unit, whereas mold above the drywall is part of the common elements between the units, which is probably why the HOA is taking care of the mold remediation.
As to who's responsible, the builder is out of business so he's gone, the upstairs tenant and owner had no knowledge of the leak until you discovered it so there is no negligence there. The damage was already long occurring by the time you discovered it.
And the HOA is not responsible for damage within the unit as defined in the CC&Rs, so the HOA insurance isn't likely to pay for it.
Can't imagine what you were thinking when you chose not to buy insurance but it was an incredibly bad decision.
If you had a unitowners policy, your own insurance company would be taking care of your damage.
westlacondo:We think the board should cover the cost of the repair to our bathroom because 1) the issue involved mold, 2) was in a common area, 3) is covered by HOA insurance, and 4) the board has set a precedent repairing leaks caused by builder.
Unfortunately, none of those beliefs are valid and won't hold up in court if you took it that far.