Apart from misspelling “advice”, the strata manager’s response is correct. However, this is a bone of contention in many strata schemes and there are two things to remember.
1. The “who’s responsible …” memorandum is a guideline – it’s neither law nor a regulation unless it is adopted by the owners corporation in a by-law. It may, however, be reference in a claim.
2. Some insurers will pay out on claims made directly to them by the lot owner.
The strata manager is not wrong … but the memorandum may well be flawed. If the brakes on my car fail and it rolls over your garden gnomes, who is responsible? It’s an unforseeable accident but it’s my car and therefore my responsibility.
This is one of those grey areas between common law and strata law, and the latter is far from definitive.