29Prohibited terms of site agreements

29 Prohibited terms of site agreements

29 Prohibited terms of site agreements

(1) The regulations may prohibit a specified type of term in a site agreement.

(2) The operator of a community must not include, or attempt to enforce, a term of a site agreement that is prohibited under subsection (1).

Maximum penalty—100 penalty units.

(3) A term of a site agreement that is prohibited under subsection (1) is void.

(4) A home owner or operator of a community may apply to the Tribunal to consider whether part or all of a specified term of a site agreement is void under subsection (3).

(5) The Tribunal may, on application under subsection (4), make any of the following orders—

(a) an order declaring that a specified term of the site agreement is void,

(b) an order declaring that a specified term of the site agreement is not void,

(c) an order declaring that a specified term of the site agreement is void to a specified extent,

(d) an order varying a specified term of the site agreement,

(e) any ancillary order that the Tribunal, in the circumstances, thinks appropriate.