Capital items generally
41A Capital items generally
The operator of a retirement village must maintain each capital item in the village in a reasonable condition having regard to the following —
the age of the item;
the prospective life of the item;
the money paid to the operator by the residents under residence contracts and service contracts (including ingoing contributions).
Penalty for this subsection: a fine of $20 000.
The operator may replace a capital item if it is not practical to maintain it.
The operator must carry out capital maintenance, or capital replacement, in relation to a capital item within a reasonable time after becoming aware of the need for the capital maintenance or capital replacement.
Penalty for this subsection: a fine of $20 000.
A resident must notify the operator of the need for capital maintenance, or capital replacement, in relation to a capital item in the resident’s residential premises as soon as the resident becomes aware of the need for the capital maintenance or capital replacement.
[Section 41A inserted: No. 42 of 2024 s. 23.]
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