› Flat Chat Strata Forum › Hard floors and tough decisions › Upstairs owners reject notice to comply › Current Page
If you go down the path of mediation-adjudication-orders-appeal path (and the orders withstand the appeal) then drshelley then can apply for penalties for non-compliance with the orders handed down. It is worth noting there is almost always an appeal (or 2 in my case) from the dissatisfied side.
Once the appeals part is settled then you should expect the other party to comply. If they do not comply you can then apply for penalties. The application/award of penalties does NOT absolve the offender from complying with the orders, and in fact there are several CTTT cases where the person affected by the floor noise applied for penalties on subsequent occasions for continued non-compliance.
It is also worth noting that if the naughty non complier has not applied for a stay of the adjudicators orders during the appeal process than you can apply for penalties stating that the recalcitrant owner has not complied since the adjudicators orders took effect and ask for a bigger fine.