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The cause of the leak will probably dictate who is responsible for the damage. Generally, the owner of the upstairs unit and/or his or her tenant will be liable for the damage to the downstairs unit. If the leak was caused by a problem with the hoa common pipes (i. e. , a clog somewhere down the line) then the hoa could be responsible.
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For leaks on your property, consult a licensed plumber to assess the situation. They can identify the source of the leak, provide repair estimates, and guide you on the necessary steps. Dealing with a water leak at the meter requires a clear understanding of responsibilities and swift action. Typically you are responsible for the interior of your unit walls out, unless the damage was due to negligence or an intentional action.
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A leaky pipe with no clear cause is not negligence. If the upstairs owner knew, or reasonably should have known the leaky pipe was a problem they would be responsible for the repair to your unit. One of the most difficult questions posed to a condominium association board is: Who is responsible for damage caused by a water leak? Water comes through the roof, intrudes into and damages upper condo unit #1, passes through and damages the common element walls and floors along the way, then ends up in, and damages, lower condo unit #2.
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