New South Wales Consolidated Acts

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RETIREMENT VILLAGES ACT 1999 - SECT 96

Tribunal may make orders for capital maintenance and replacement

96 Tribunal may make orders for capital maintenance and replacement

(1) If a resident of a retirement village is of the opinion that the operator of the retirement village is not maintaining or replacing items of capital for which the operator is responsible when necessary, the resident may apply to the Tribunal for (and the Tribunal may make) an order directing the operator--
(a) to carry out specified maintenance of an item of capital within the time specified in the order, or
(b) to replace a specified item of capital within the time specified in the order.
(2) If the operator of a retirement village is of the opinion that a resident of the retirement village has caused damage to an item of capital for which the operator is responsible, the operator may apply to the Tribunal for (and the Tribunal may make) an order directing the resident to reimburse the operator for the cost of the maintenance or replacement of the item of capital as a result of the damage.
(3) Subsection (2) does not apply to damage caused by fair wear and tear.



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