It is possible that your own insurance or yoru tenant's 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, the upstairs neighbor, or their insurance companies, 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.
Everyone, including you, probably owes a share of the repair and cleanup costs. It does not sound like it should be 100% on anyone. That includes you, your tenant. the unit upstairs, any tenant there, and the HOA.
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.
Sart 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.
Dana Sack
Answered on Feb 24th, 2017 at 2:05 PM