135Definitions—div 7.2

135 Definitions—div 7.2 (1) In this division: capital item, for which the operator of a retirement village is responsible— (a) means— (i) a building or structure in the village; and (ii) plant, machinery or equipment used in the village’s operation; and (iii) any part of a building or structure in the village, including any part of a building or structure in a community area, amenity area, service area or access area; and

(iv) any other item prescribed by regulation; but (b) does not include a capital item that is— (i) owned by a resident of the village; or (ii) common property under a community title scheme or units (iii) prescribed by regulation. capital maintenance— (a) means works carried out for repairing or maintaining a capital item; and (b) includes works prescribed by regulation as being capital maintenance; but (c) does not include works prescribed by regulation as not being capital maintenance. capital replacement— (a) means works carried out for replacing a capital item; but (b) does not include— (i) capital maintenance; or (ii) replacing a part of a capital item (unless replacing the part substantially improves, adds to or alters the capital item). common property— (a) under a community title scheme—see the Community Title Act 2001, section 18; and (b) under a units plan—see the Unit Titles Act 2001, section 13.