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The ‘Who’s Responsible …’ Memorandum says that the Owners Corp is responsible for damage caused in repairing a fault in common property but seems to suggest that the OC is not responsible for damage caused by a failure of common property in the first place.
Now, bearing in mind that this is an advisory document and not the law, and that what insurers do and don’t cover has nothing to do with who is and isn’t responsible, I would think anyone who has a claim against their Owners Corp for damage to their property caused by a failure of common property should proceed straight to the small claims court and not even bother with the CTTT where logic is usually most obvious by its absence.
