56Retaliatory conduct by operators

56 Retaliatory conduct by operators

56 Retaliatory conduct by operators

(1) The operator of a community or a close associate of the operator must not engage in retaliatory conduct against a home owner if the conduct reasonably appears to have taken place wholly or partly in consequence of—

(a) a complaint made by the home owner in good faith to the Commissioner or a government agency about the operator, or

(b) a complaint made by the home owner in good faith to the operator, or

(c) an application made by the home owner to the Tribunal or a court, or

(d) any action by the home owner to promote the establishment of a residents committee for the community, or

(e) any matter prescribed by the regulations.

Maximum penalty—100 penalty units.

(2) The Tribunal may, on application by a home owner, make an order resolving a dispute concerning an operator’s compliance with this section.

(3) In this section—

retaliatory conduct by an operator or a close associate of an operator against a home owner includes—

(a) amending community rules in a way that is detrimental to the home owner (whether or not it is detrimental to other home owners), and

(b) giving or threatening to give the home owner a termination notice, and

(c) any action that is of a kind prescribed by the regulations.