Legal Question in Real Estate Law in California

Don't wait ANY longer to start having initial consultations (ask for 30 min. free) with at least two to possibly four attorneys who have prior toxic mold experience and advertise the same. You don't need to bring suit the day after your interviewing is done, but such consultations should leave you with a much better understanding of the overall plaintiff strategy in cases like this, including how long to inquire, how long to threaten, and when to stop cutting bait and start fishing by filing and serving a lawsuit.

Chances are your "black mold" is common mildew, unpleasant and may trigger mild alergic reactions, but hardly toxic. You also have a duty to mitigate your damages. So you can't just leave the flooring wet and sit there in damp mildewed or moldy conditions. You need to put in a cliam to your own insurance company and/or get the situation dried out and cleaned. Then you can deal with damage to the HOA's responsiblilty for damage to the wood. No lawyer worth a nickle will take a case where you have purposely increased your damages by failing to take reasonable steps to mitigate them before suing the HOA. You can probably recover all the expenses of mitigating your damages from the HOA if your case is as clear as you say, but not if you don't take reasonable steps to take care of things instead of letting them make you sick or otherwise make the situation worse.