Tiles vs Grout

Hi,

Hoping someone can clarify this for me. I am the owner of a top floor strata managed unit. On the floor of the ensuite shower there is a crack in the grout between the tiles that has penetrated the waterproofing. Water subsequently runs under the tiles and waterproofing onto the bedroom carpet, near the bathroom door.  Water is also penetrating in the other direction under the tiles/waterproofing and rising up the wall behind the tiles located behind the toilet (the toilet is on an external wall), which is adjacent to the shower. The tiles are original. Phone converstation to Fair Trading today suggest that the original tile and space below the tile ie waterproofing, are common property.

Strata Management is disputing this, stating that they are not responsible for the grout, only the tiles. They are also saying that as the water is yet to penetrate the unit below, the repair is not their responsibility. Can you please confirm for me if strata is responsible for this repair? Is there a distiction between grout and tile?

Three plumbers that have looked at the job feel that this should be a strata repair.  Thanks for your time