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RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 28
Additional terms
28 Additional terms
(1) The parties may insert additional terms in a standard form of
site agreement, but only if the terms- (a) do not contravene this or any other
Act, and
(b) are not inconsistent with the terms prescribed in the standard
form, and
(c) are set out in a separate and clearly labelled part of the
site agreement.
(2) The Tribunal- (a) may, on application by a home owner or
operator of a community, make an order declaring an additional term is void on
being satisfied that the additional term contravenes subsection (1), and
(b)
may, by the same order, prohibit either or both of the following- (i) the
current operator or any future operator of the community from using the same
or a similar term in any future site agreement entered into in connection with
the community while the community remains in the same ownership,
(ii) the
current operator from using the same or a similar term in any future
site agreement entered into in connection with any other community being
operated by the operator.
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