Legal Question in Construction Law in California

I handle primarily construction and HOA matters. This is really more of a general negligence and HOA law question than a construction law issue. In this case, the matter is governed by negligence principles, the CC&R's and the Davis-Stirling Common Interest Development Act. Your question may not contain enough facts to fully answer it, but if the HOA has the responsibility to maintain and repair the cause of the damage (i.e. it was a common area component), then the HOA is likely responsible for the resulting damage to your separate interest. Request, if you don't already have it, the HOA's insurance policy and tender a claim. If that doesn't get you a succcessful outcome, a lawsuit for injunctive relief and damages may be your ultimate best course toward a resolution.