Rob, you have pinpointed exactly where I have my issue with the memorandum.
It’s the very slack language of “Damage to a lot caused by any water leak mentioned above …” If “above” means only in that section pertaining to lot owner’ responsibilities, then the owners corp isn’t responsible.
Item 2.17d refers to the OC being responsible for damage caused “when effecting repair …”
It seems to read that the Owners Corp is only responsible for damage caused when repairing a leak, not for the damage caused by the leak.
This doesn’t make sense to me and seems to cut across common law principles that you are responsible for damage caused by things that you are in control of. But I have had strata managers insist vehemently that that’s exactly what the Memorandum means.