This is a perennial question but the fact that it’s in a two unit strata gives it an interesting twist.

Basically, in a case where common property leaky piping causes damage to a lot, the Owners Corp is only responsible for the damage caused in repairing the lot, not the original damage caused.

Now, that has always seemed a bit nutty to me but it certainly works in favour of the owner of the damaged unit in a duplex – because otherwise each owner would be paying for half the damage repairs.

So this is how it breaks down.

Any damage cause by leaks from pipes, taps and connections inside the other unit is the responsibility of the upstairs owner (in this case).

Any damage caused by common property leaks (from pipes in walls and ceilings) should be claimed on the home and contents insurance of the downstairs owner (but they could claim half the excess from the upstairs owner, as being a member of the owners corp).

Any repairs to common property or lot property required because of work done to repair a common property problem would be split between the owners (because they are the owners corporation). We’re talking about fixing the hole in the ceiling or wall that they had to make to get to a leaky pipe.

Hope that makes sense (not sure if it ever can).