28Additional terms

28 Additional terms

28 Additional terms

(1) The parties may insert additional terms in a standard form of site agreement, but only if the terms—

(a) do not contravene this or any other Act, and

(b) are not inconsistent with the terms prescribed in the standard form, and

(c) are set out in a separate and clearly labelled part of the site agreement.

(2) The Tribunal—

(a) may, on application by a home owner or operator of a community, make an order declaring an additional term is void on being satisfied that the additional term contravenes subsection (1), and

(b) may, by the same order, prohibit either or both of the following—

(i) the current operator or any future operator of the community from using the same or a similar term in any future site agreement entered into in connection with the community while the community remains in the same ownership,

(ii) the current operator from using the same or a similar term in any future site agreement entered into in connection with any other community being operated by the operator.