43Dilapidation

#### 43 Dilapidation 43 Dilapidation > > (1) If the operator of a community reasonably believes any of the following defects exist, the operator may issue a written notice to the home owner requiring the home owner to carry out work to rectify the defect within 60 days— > > > > > (a) significant dilapidation of the home owner’s home, > > > > > (b) significant dilapidation of the residential site on which the home is located that was caused by the home owner, > > > > > (c) either of the following, made by the home owner in a way likely to cause serious health or safety risks to other persons— > > > > > > > (i) the alteration of, or an addition to, an external feature of the home, > > > > > > > (ii) the alteration or addition of a fixture on the residential site. > > > (2) If the home owner fails to comply with the notice, the Tribunal may, on application by the operator, make— > > > > > (a) an order requiring the home owner to carry out the work within a specified period, and > > > > > (b) if the home owner does not comply with the order under paragraph (a)—an order authorising the operator to arrange for the work to be carried out, and to recover the reasonable costs from the home owner, as directed by the Tribunal. > > > (3) The Tribunal may, on application by the home owner, make— > > > > > (a) an order declaring that the notice given by the operator is invalid on the ground that— > > > > > > > (i) the residential site or home is not significantly dilapidated, or > > > > > > > (ii) the alteration or addition is not likely to cause serious health or safety risks to other persons, or > > > > > (b) an order that the period of 60 days be extended by a further period on the ground that 60 days provides insufficient time to rectify the defect. > > **s 43:** Am 2024 No 46, Sch 1\[10\].