caj – there are a lot of “probablies” in the responses that you’ve so far received, and that’s because the answers to a number of the questions raised by you depend upon what (if any) Special By-Laws are in place at your Plan that relate to whether it’s your Owners Corporation (O/C) or Lot Owners who are responsible for the repairs arising from faults of the type that occurred within your Lot.
Illogical is it may be, I agree with those other posters who believe that your neighbour had no obligation to do anything, and probably wouldn’t have if she wasn’t the Chair of your Executive Committee and knew that you were absent. Imagine the extent of the water damage and the cost of repairs if your neighbour had just contacted your Strata Manager’s after-hours service (if any) due to their likely closure during the Christmas period, and a plumber had also been called (out) to turn off a tap!
With regard to the fees and the water damage you need to first check for those Special By-Law/s, but let’s assume that none are in place, in which case my opinion is that as the water damage affected your neighbour’s Lot as well as yours, your O/C is responsible for:
- the costs both directly and indirectly in repairing the cause of the problem – that’s the locksmith’s costs (to access the problem) and the costs to repair it (a leaking pipe?);
- the cost to repair any Common Property areas affected by the problem.
Unfortunately, in my opinion you are responsible for the costs to repair all private property of both you and your downstairs neighbour, and as those may, as your Insurer has suggested, be covered by your Contents Insurance, you will need to confirm that and arrange for quotations in accordance with that Insurer’s advice.
As your O/C has an interest in who undertakes those repairs for which you are responsible as perhaps some may be required to the Common Property at cost of your O/C or may affect those areas, perhaps ask your Strata Manager to recommend some suitable contractors (properly licensed, insured, and who may be familiar with the Plan) to provide quotations on your behalf.
Finally, I’d be having that shut-off tap relocated to a location that’s more readily accessible.