26Site agreements generally

#### 26 Site agreements generally 26 Site agreements generally > > (1) The operator of a community must ensure that the site agreement for a site in the community is in writing at the commencement of the agreement. > > > > Maximum penalty—20 penalty units. > > > (2) The agreement must— > > > > > (a) identify the residential site by its number and its dimensions, and > > > > > (b) state— > > > > > > > (i) the operator’s name and address for service of documents, and > > > > > > > (ii) if the operator is a company—the address of the registered office of the company, and > > > > > > > (iii) if the operator is not the owner of the community—the name of the owner, and > > > > > (c) be signed by the parties, and > > > > > (d) comply with any other requirements prescribed by the regulations (including as to the content or form of the agreement). > > > (3) If a site agreement does not comply with a requirement of subsection (2), the operator of the community is guilty of an offence. > > > > Maximum penalty—20 penalty units. > > > (4) The Tribunal— > > > > > (a) may, on application by a home owner who was not given a written site agreement at the time occupation of the residential site commenced, order the operator to prepare and enter into— > > > > > > > (i) a written site agreement in the relevant standard form, if prescribed, or > > > > > > > (ii) a written site agreement that includes, or contains only, terms specified or of a kind specified by the Tribunal, if there is no relevant prescribed standard form, and > > > > > (b) may, by the same order, specify a commencement date for the agreement that occurred before the order was made.