ACAT may make orders for capital maintenance and replacement
140 ACAT may make orders for capital maintenance and replacement
If a resident of a retirement village considers that the operator of the village is not maintaining or replacing capital items for which the operator is responsible when necessary, the resident may apply to the ACAT for an order directing the operator—
to carry out stated maintenance of a capital item within the time stated in the order; or
to replace a stated capital item within the time stated in the order.
Maintaining a capital item includes repairing the item—see s 135 (1), def capital maintenance, par (a).
If the operator of a retirement village considers that a resident of the village has caused damage (other than fair wear and tear) to a capital item for which the operator is responsible, the operator may apply to the ACAT for an order directing the resident to reimburse the operator for the cost of the maintenance or replacement of the capital item as a result of the damage.
This Act’s bill:Explanatory statementSecond reading speech
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