This quirk in strata laws and the interpretation thereof has bugged me for years. In any other walk of life, if one party’s negligence (failure to repair and maintain common property) caused damage to another party’s property, the first party would be liable for repairs. I have heard of owners making a claim directly to the strata insurer, or alternatively, going to the small claims court. Either way, success is not guaranteed and you have to ask if it’s worth the effort.