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RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 43
Dilapidation
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.
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