The Tribunal, should your committee try to take action, would find in the other owners favour, in all likelihood, and could order damages,
The Tribunal doesn’t award damages – only prescribed penalties for by-law or strata law breaches – and only awards costs in very specific and limited circumstances such as one party knowingly pursuing a hopeless case or delaying the process unnecessarily. You can’t assume the Tribunal would rule one way or the other, especially in a case where an owner has not followed strata law and by-laws.