I live in a condo, have many new stains, and a growing mold problem in bedroom due to a gutterdownspout with pictures to prove.

It is possible that your own insurance is supposed to pay you for the reparis and cleanup, and it is up to that insurance company to try to collect from the HOA and its insurance company, or give up. Don't give up your claim, unless they give you a written explanation of why the claim is not covered. Then you might send  your policy, the claim and the insurance company's rejection letter, to an attorney to make the inxurance company is not wrong. Insurance coverage is very complicated. Just because the insurance company's explanation of why it is not paying might sound reasonable, it is probably not correct. Don't get in a fight with the HOA, unless there is a lot of money involved and an attorney who knows about HOA law reviews the situation and the documents and advises you that you are right. These are your neighbors. You have to live with them. They can make your life in the property unpleasant. At some point you may want to ask them for something, and you don't want to have burned them over something less important. Do you know any of the members of the HOA's Board of Directors, or do any of them live near you? I would start by telling your story to one or more of the directors. If none of them will help, your CC&Rs have a procedure that allows you to have the Board appoint a boardmember to meet with you, hear your concern and try to work it out, and report back to the Board. This procedure is mandatory. It is required by law. If there is no such procedure described in your CC&Rs, they are required to do it, anyway. Civil Code §5910 and §5915. Your CC&Rs may also require third-party mediation and even arbitration. Check your CC&Rs to find out.  Start sending signed letters, not emails, and confirm conversations in signed letters, not emails. You can still scan them and email them as attachments, in order to get them to the recipients faster. Letters will make the Board suspect that you are setting them up for a lawsuit or even that there is a lawyer lurking in the background. People have become so casual about emails, they sometimes just brush them off. A letter signals a higher level of confrontation and is less likely to be ignored. Good luck. Dana Sack