New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 43

43 Dilapidation

(1) If the operator of a community reasonably believes that--

(a) the residential site or home located on it is significantly dilapidated, or

(b) any external feature of the home has been altered or added to, or any fixtures on the residential site have been altered or added to the site, by the home owner in such a manner as to be likely to cause serious health or safety risks to other persons,

the operator may issue a written notice to the home owner requiring the home owner to carry out work within 60 days to rectify the defect concerned.

(2) If the home owner fails to comply with the notice, the Tribunal may, on application by the operator, make--

(a) an order requiring the home owner to carry out the work within a specified period, and

(b) if the home owner does not comply with the order under paragraph (a)--an order authorising the operator to arrange for the work to be carried out, and to recover the reasonable costs from the home owner, as directed by the Tribunal.

(3) The Tribunal may, on application by the home owner, make--

(a) an order declaring that the notice given by the operator is invalid on the ground that--

(i) the residential site or home is not significantly dilapidated, or

(ii) the alteration or addition is not likely to cause serious health or safety risks to other persons, or

(b) an order that the period of 60 days be extended by a further period on the ground that 60 days provides insufficient time to rectify the defect.