Who is liable? Fireplace blocked in Condo building.

[xwhyzz]

I'm located in California. My building has 15 condos in it. I'm located on the bottom floor and 3 floors above me a unit remodeled in 1999 and blocked off my fireplace chimney run. The owner of that unit claims it was blocked off prior to his purchase and remodel of his unit in 1999. He claims he is not responsible. The Home Owners association states that because the fireplace is an "exclusive usage" for my unit (not clearly stated in our CC&R's) that they have nothing to do with it and that I should take the matter up with the owner of the unit that has blocked off the fireplace. The fact of the matter is when I purchased my unit in 1996 I constantly used my fireplace and it worked fine till 1999. The chimney inspectors clearly see the block at the remodeled unit and stated that it could have been possible that prior to 1999 the smoke from my fireplace could have been going up into the walls of the building and that in 1999 when the new owner did his remodel they properly and illegally capped off my fireplace, hence why the smoke was completely blocked off. This discovery was made within the last 3 years. Regardless of the matter my fireplace which is a large central focul point to my unit has been rendered useless. A fireplace company values my fireplace as an asset to my unit worth approximately $60,000.

I need legal advice. What should I do? Who is liable? Is it both the HOA and homeowner? I eventually want to sell my unit, but right now I can't till this matter is fixed and clarified. I've asked the owner of the unit that blocked me off to make me a cash offer, but he ignores making me any offer and tells me to do what I have to do. The blockage happens to fall right in his flashy newly remodeled kitchen.

Any suggestions and recommendations are greatly appreciated.

Thank you!