sec.25BProhibited terms of site agreements and prohibited park rules

### sec.25B Prohibited terms of site agreements and prohibited park rules A regulation may prohibit— a stated type of special term in a site agreement; or a stated type of park rule. A park owner must not include a special term in a site agreement that is prohibited from being in a site agreement under subsection (1) . Maximum penalty—100 penalty units. A park owner must not make a type of park rule that is prohibited under subsection (1) . Maximum penalty—100 penalty units. A park owner must not attempt to enforce— a special term in a site agreement that is prohibited from being in a site agreement under subsection (1) ; or a park rule of a type that is prohibited under subsection (1) . Maximum penalty—100 penalty units. A term of a site agreement is void to the extent it is or contains a term that is prohibited under subsection (1) . Subsection (7) applies if a home owner under a site agreement considers a special term of the agreement is wholly or partly void under subsection (5) and the park owner does not agree. The home owner may, subject to section 116 , apply to the tribunal to consider whether part or all of the special term is void under subsection (5) . If a home owner applies under subsection (7) , the tribunal may do 1 of the following— declare that a stated term of the site agreement is void; declare that a stated term of the site agreement is not void; declare that a stated term of the site agreement is void to a stated extent; make an order varying a stated term of the site agreement. s 25B ins 2010 No. 46 s 10 amd 2017 No. 42 s 18 (sec.25B-ssec.1) A regulation may prohibit— a stated type of special term in a site agreement; or a stated type of park rule. (sec.25B-ssec.2) A park owner must not include a special term in a site agreement that is prohibited from being in a site agreement under subsection (1) . Maximum penalty—100 penalty units. (sec.25B-ssec.3) A park owner must not make a type of park rule that is prohibited under subsection (1) . Maximum penalty—100 penalty units. (sec.25B-ssec.4) A park owner must not attempt to enforce— a special term in a site agreement that is prohibited from being in a site agreement under subsection (1) ; or a park rule of a type that is prohibited under subsection (1) . Maximum penalty—100 penalty units. (sec.25B-ssec.5) A term of a site agreement is void to the extent it is or contains a term that is prohibited under subsection (1) . (sec.25B-ssec.6) Subsection (7) applies if a home owner under a site agreement considers a special term of the agreement is wholly or partly void under subsection (5) and the park owner does not agree. (sec.25B-ssec.7) The home owner may, subject to section 116 , apply to the tribunal to consider whether part or all of the special term is void under subsection (5) . (sec.25B-ssec.8) If a home owner applies under subsection (7) , the tribunal may do 1 of the following— declare that a stated term of the site agreement is void; declare that a stated term of the site agreement is not void; declare that a stated term of the site agreement is void to a stated extent; make an order varying a stated term of the site agreement. - (a) a stated type of special term in a site agreement; or - (b) a stated type of park rule. - (a) a special term in a site agreement that is prohibited from being in a site agreement under subsection (1) ; or - (b) a park rule of a type that is prohibited under subsection (1) . - (a) declare that a stated term of the site agreement is void; - (b) declare that a stated term of the site agreement is not void; - (c) declare that a stated term of the site agreement is void to a stated extent; - (d) make an order varying a stated term of the site agreement.