Hi Jimmy,
I agree with all of your comment except for one point. I feel that the Memorandum is fairly clear on the responsibility for water damage to another Lot by a failure of common property. Once it is established that the leak is due to common property failure (aside from the approved vs unapproved complication), then Memorandum clause 2.17 d. would apply:
“2.17 Plumbing (includes bathroom, kitchen and laundry) – OC responsibility
d. Damage to unit after water leak when OC effecting a repair.”
Clause 2.18 m as you refer to as being applicable:
“2.18 Plumbing (includes bathroom, kitchen and laundry) – Owners responsibility
m. Damage to a lot caused by any water leak mentioned above, as a result of the problem itself.”
would not in fact be applicable in this case as this is referring to water damage resulting from Owners responsibility items.
Does this sound right or am I misinterpreting 2.17 d? I assume “damage to unit” in 2.17d. means damage to any Lot be it the one with the leak or the one below.
Regards,
Rob T