93Enforcement of community rules

#### 93 Enforcement of community rules 93 Enforcement of community rules > > (1) The operator of a community must ensure that the community rules are enforced and interpreted consistently and fairly. > > > (2) The operator of a community may give a notice to a resident to remedy a breach of a community rule within a specified period of at least 30 days. The notice is to be in writing and to be in the approved form (if any). > > > (3) If it appears to the operator that the breach has not been remedied within the period specified in the notice, the operator may, within a further period of 30 days, apply to the Tribunal for orders under this section. > > > (4) The Tribunal may, on application under this section and if it considers the breach is in the circumstances sufficient to justify its doing so, make any one or more of the following orders— > > > > > (a) an order requiring compliance with the rule within a specified period, > > > > > (b) an order terminating the resident’s site agreement or tenancy agreement, > > > > > (c) any ancillary order that the Tribunal, in the circumstances, thinks appropriate. > > > (5) In considering the circumstances of the case, the Tribunal may consider (but is not limited to considering) the following— > > > > > (a) the nature of the breach, > > > > > (b) any previous breaches of the community rules by the resident, > > > > > (c) any steps taken by the resident to remedy the breach, > > > > > (d) any steps taken by the operator about the breach, > > > > > (e) the previous history of the operator or resident so far as it is relevant, > > > > > (f) whether the community rule is being enforced and interpreted consistently and fairly. > > > (6) The Tribunal may refuse to make an order if it is satisfied that the breach has been remedied. > > **s 93:** Am 2016 No 27, Sch 2.39.