Is an HOA resposible for damages from a clogged downspout?

[plbaldwi]

The HOA in our community maintains the roofs, gutters and downspouts. Recently a downspout backed up and has sent water into our walls, damaging the walls, ceilings, and flooring. The roofing company doing the initial repairs when we reported a leak (before we realized how serious the damage was) let us know the cause of the water was from a clogged downspout and their company, who was hired to maintain roofs and do annual gutter cleaning was not hired to clean downspouts. Our own homeowners insurance will not cover the damages as they only cover water intrusion caused by hail, wind, or plumbing failures. I've asked the HOA for record s on the downspout maintenance but they have not yet offered this up. We want to get going on the repairs but are not sure what steps to take to pursue the HOA for damages? Mold testing came back negative. But we don't want to wait long to start any repairs.
Thanks for any help,

 

[STEPHAN]

What is the name of your state (only U.S. law)?

 

[justalayman]

If it is clear the HOA is responsible for the gutter cleaning and they failed to fulfill their obligations, then yes, they can be held liable for their negligence. Your initial statement "hoa maintains ..." does not mean they are legally obligated to maintain them. Nor is it clear cleaning is included in what maintenance they are obligated to provide, if in fact that obligation is in place. Maintaining could refer to the condition of
The downspouts such as being required to fix them if they are damaged or replace if not repairable.