99   Operator to maintain items of capital

(1)  The operator of a retirement village must maintain items of capital in the village in a reasonable state of repair, having regard to the following:

(a)  the age of the village,

(b)  its prospective life,

(c)  the amount of ingoing contributions, recurrent charges and departure fees payable by the residents,

(d)  the amount of money available to be used for the purpose of maintenance in accordance with the statement of approved expenditure.

(2)  Subsection (1) does not apply in respect of any item of capital:

(a)  that is owned by a resident of the village, or

(b)  that is association property under community land scheme or common property under a strata scheme, or

(c)  that is subject to a company title scheme, or

(d)  to the extent that the item of capital requires repair because of damage (fair wear and tear excepted) caused by a resident of the village or a tenant or invitee of the resident.

Note. Maintenance of association property in a community land scheme and common property in a strata scheme is the responsibility of the relevant association and the owners corporation, respectively, for the scheme.

(3)  A resident of a retirement village who is of the opinion that the operator is not carrying out the works necessary for the maintenance of items of capital in the village in accordance with the statement of approved expenditure may apply to the Tribunal for (and the Tribunal may make) an order directing the operator to carry out (or cause to be carried out) specified works of maintenance within the time specified in the order.