Last year in our plan a lot owner's internal flexible water supply pipe underneath the sink in his bathroom burst while he was away on holidays. The damage caused was considerable, not only to the lot owner's property, but also the common property.
Anajr said :
“I don't know whose fault the leak is because the OC won't answer my questions about it but I know it wasn't mine so don't see why I should be out of pocket for it. “
If Anajr's argument can be sustained then I am sure Anajr would agree our OC should be able to recover the many thousands of dollars damage to it's property from the lot owner because the leak in our case wasn't the OC's fault.
Of course we did not do that but claimed on our insurance and the OC paid the excess. But if we had thought the damage caused was due to the lot owner's negligence or say a malicious act then we would have advised our insurer who in turn would have followed up.
May I suggest that would be the best course of action for Anajr – claim on your insurance, give your insurer the full facts and let then do the follow up which they would do if you could show them that OC failed to maintain the common property.
Notwithstanding I think lot owner's should be very careful about what they wish for. It is very dangerous, in my opinion, to take the view that if my property is damaged and it wasn't my fault then why should I be out of pocket. Some day Anajr's internal water supply pipe might burst or a fire could start accidentially in his kitchen or whatever. I suggest Anajr would be very unhappy if his neighbour (or the OC) adopted the view it wasn't my fault and subsequently came running after him for money to effect repairs.