141Funding of certain capital maintenance and capital

141 Funding of certain capital maintenance and capital (1) The operator of a retirement village may fund the cost of capital maintenance for which the operator is responsible from the following sources: (a) the capital works fund for the village (if any); (b) recurrent charges. (2) The operator must bear the cost of capital replacement of a capital item for which the operator is responsible. (3) This section does not authorise the funding of any of the following from the capital works fund or recurrent charges for the retirement village: (a) the construction of a new building or a new stage of the village; (b) any work arising from the breach of a statutory warranty under the Building Act 2004, section 88 (Statutory warranties), in relation to which a proceeding may be started under that Act; (c) the depreciation of capital items; (d) the refurbishment of vacant residential premises in the village; (e) anything else prescribed by regulation.