New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 114

114 Residents’ consent to expenditure

(1) The operator of a retirement village must (whether by way of a notice referred to in section 112 or otherwise) seek the consent of the residents of the village to the expenditure itemised in the statement of proposed expenditure.

Maximum penalty: 100 penalty units.

(2) The operator must provide such information in relation to the proposed expenditure as the Residents Committee (or, if there is no Residents Committee elected for the village, any resident) reasonably requests for the purpose of deciding whether consent should be given to the statement.

(3) Without limiting subsection (2), it is reasonable for the Residents Committee or a resident to request to see quotations for any work proposed to be carried out or for any service or facility proposed to be provided.

(4) The residents concerned must, within 30 days after receiving a request for consent to a statement of proposed expenditure (or an amended statement):

(a) meet, consider and vote on the statement, and

(b) advise the operator that they consent, or do not consent (as the case may be) to the statement, and

(c) if they do not consent to the statement-specify the item or items in the statement to which they object.

(5) If the operator is not advised as required by subsection (4) (b), the residents are taken to have refused consent to the statement.

(6) If the operator fails to seek the consent of the residents, the residents are taken to have refused consent to the statement.

(7) An operator who is the operator of more than one retirement village must deal with each village separately under this section.