The Tribunal held that ongoing water leakage from one lot into another, reported as urgent and continuing over several days with indications of common property failure, constituted an 'emergency' under s 122(3) of the Strata Schemes Management Act 2015, entitling the owners corporation to enter the affected lot without the lot owner's consent. The Tribunal further held that replacing old tiles with new tiles of a different colour during emergency common property repairs does not constitute 'damage to a lot' under s 122(6), which is confined to physical damage such as breaking, disfiguring or harming the lot or its contents. The application for damages was dismissed on the facts, as the only proven physical damage (a cracked tile) lacked evidence of repair cost, the mould claim was supported only by hearsay, and the patch repair was found to be functionally effective notwithstanding non-compliance with AS 3740-2021.
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