Keep Calm – insurance and proof of negligence is irrelevant, as under the provisions of Sect 62 of the NSW Strata Schemes Management Act (1996) Owners Corporations (O/C) are entirely responsible without limitation for the proper maintenance and repair of their common property, which the balcony gutters at your Plan that dislodged and fell on your motor vehicle form a part.
So irrespective of whether or not your O/C’s insurers accept a claim for repairs to the gutters and your motor vehicle, it (the O/C) remains responsible for making those repairs, so you have a couple of options in my opinion:
- Make a formal claim for the costs of the repairs to your motor vehicle against the O/C, and if necessary follow that with a Letter of Demand, followed by Mediation through a Community Justice Centre and as precursor to Claim for monetary damages in the Local Court.
- If you hold insurance for your motor vehicle, then speak with that insurer about its repair on the basis of a subsequent claim by them against the O/C just as would occur if the damage was caused by a road-related incident.
Regarding the carspace, the current Australian Standard cited by Austman (post #2) was current in 2004, but if the Registration of your Plan predates that, then speak with your Local Council about the Standard then applicable.