I think the strata managers are misreading the Memorandum because what they are saying is contradictory.
It states very clearly that water pipes in the ceiling, floor or walls are the responsibility of the OC.
2.17 Plumbing (includes bathroom, kitchen and laundry). OC responsibility.
a. Blocked floor drain or sewer.
b. Burst pipe general.
c. Burst pipe outside the lot.
d. Damage to unit after water leak when OC effecting a repair.
By the way, “outside the lot” also means inside the original ceiling.
2.3 Ceilings or Roof. OC responsibility.
a. Ceiling cornices.
b. False ceilings installed on the registration of the strata plan and were there to hide communal piping, ducting or wiring etc.
And yet you seem to have this bizarre ruling that they aren’t liable for paintwork caused by failure of Common Property IN Common property … but they are responsible for fixing the paintwork damaged in effecting the repair. Whether that’t right or fair is irrelevant – it’s contradictory.
But is that in fact the ruling? Read the actual wording again:
2.18 Plumbing (includes bathroom, kitchen and laundry). Owners responsibility.
a. Burst pipe within the lot.
b. Cabinet and/or mirror.
c. Cracked bath or hand basin.
d. Dripping ʺSʺ bend under sink.
e. Leaking pipes under sink.
f. Plug and waste in bath, sinks and tubs.
g. Shower Screen repairs.
h. Toilet bowl or cistern.
i. Water leaking from a bath or shower and not affecting another lot.
j. Water leaking from shower, bath or hand basin taps.
k. Water leaking through tiles and not affecting another lot.
l. Damage to a lot caused by any water leak mentioned above, as a result of the problem itself.
Surely the phrase “any leak mentioned above” refers to items a to k in this section … not the section above. So there is no contradiction – the strata managers are wrong and the OC is responsible of the damage to the paintwork caused by common property piping.