Section 38

If a body corporate commits a breach of any of the provisions of this Part or makes default in complying with any requirement of, or duty imposed on it by, any of the provisions of this Part, the body corporate and every member of its committee, or every owner, who is knowingly a party to the breach or default shall be guilty of an offence and shall be liable on conviction to a penalty expressly prescribed for such breach or default, or, if no penalty is so prescribed, to a fine not exceeding $2,000.

Where a requirement or duty is imposed on the body corporate or any person by this Part, any person for whose benefit, or for the benefit of whose flat that requirement or duty is imposed on the body corporate or first-mentioned person may apply to the court for an order compelling the body corporate or that person to carry out the requirement or perform the duty, as the case may be, and, on such an application being made, the court may make such order as it thinks proper.