New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 38

38 Condition report

(1) The operator of a retirement village must not permit a prospective resident of the village to occupy residential premises in the village unless the operator prepares, and gives to the prospective resident, a report relating to the condition of the premises at the commencement of the prospective resident’s occupation of the premises (a "condition report").

(2) A condition report must take the form prescribed by, and must be completed in accordance with, the regulations.

(3) The operator of the retirement village must annex a copy of the condition report to the first village contract that the prospective resident enters into with the operator.

(4) If, after the commencement of this section, the operator permits a prospective resident to occupy residential premises in contravention of this section, the operator is prohibited from recovering any payment or other compensation for any alleged damage occurring to the premises during their occupancy by the prospective resident concerned.

(5) This section does not apply if:

(a) the prospective resident is to occupy the residential premises together with a resident who is already in occupation of the premises, or

(b) the residential premises to which the contract relates are, or are to be, owned (within the meaning of Part 10) by the resident.