Why would the Association pay to have
everything put back to it's original state
and even attempt to put the carpets back to
its original state if they were not
I wrote "as an accommodation". Didn't you catch that part?
There is lots of precedent for that. Insurance companies routinely pay small claims that they are not legally obligated to pay. It's expedient and cheaper than fighting it.
It states in the CC&R's that the
Association is responsible for maintaining
and managing limited common areas (the space
between the walls). The cause of the pipe
breaking was the builder's fault for not
putting enough space for the pipe they ran
through the studs to have room to shift,
move, etc. So the stud actually pushed down
on the pipe breaking it.
Then the builder could be responsible for a construction defect, not the HOA.
I'm encouraging them to go after the builder
for recoupment of the money paid out.
It's up to the HOA to decide if it wants to seek reimbursement for what it's already paid. But that doesn't legally obligate the HOA to pay any more money for your repairs.
It's up to you as the damaged party to seek compensation from the responsible party (the builder). The HOA doesn't do it for you.
However, if property owned by someone else
damages property of another's, is not the
owner of the property doing the damage
Not unless that property owner was NEGLIGENT. I think I already touched on that.
The HOA is obligated to replace the carpet if
they are legally liable for the damage.
The HOA would be "legally liable" if the HOA was NEGLIGENT. There is no NEGLIGENCE on the part of the HOA.
They have basically admitted liability by
trying to restore the carpet to its original
state as well as replacing the section of the
wall that was destroyed by mold and water
damage and restoring it to its original
No, they aren't admitting liability for anything by doing all that.
"It's our fault that the pipe broke" is an admission of liability.
"We will fix your damage" is NOT an admission of liability.
You are interpreting stuff that just isn't there to interpret.