#24635
Austman
Flatchatter

    The OC’s insurer seems to have determined there is was no OC negligence and therefore no liability?

    If the common property guttering was poorly maintained, that’s probably negligence.  If a storm caused the guttering to fall it might not be negligence.

    While an an OC/BC must repair damage to common property regardless, it does not have to repair damage to other property unless it’s liable for that damage.  And that usually means negligence has to be established.

    IMO, Keep Calm will now have to establish negligence to successfully claim against the OC either through the OC’s insurer or by any other path.