New South Wales Consolidated Regulations

RETIREMENT VILLAGES REGULATION 2000 - REG 18

18 Notice of variation of recurrent charges otherwise than by fixed formula: section 106

(1) A notice of variation of recurrent charges given under section 106 of the Act must include, in addition to the matter required by section 106 (2) (a)-(d), the following:

(a) the name of the resident and the address of the residential premises concerned,

(b) the following statements:

(i) it is a requirement of section 106 of the Retirement Villages Act 1999 that the operator of a retirement village give a resident of the village whose village contract provides that recurrent charges are to be varied otherwise than according to a fixed formula at least 60 days’ written notice of any proposed variation of the charges,

(ii) a notice given under that section may be cancelled by a later notice, and a later notice may provide for a lesser increase than the increase (if any) specified in the earlier notice,

(iii) the operator of the village must not increase (or attempt to increase) the recurrent charges beyond any upper level specified in the relevant village contract,

(iv) the variation in the charges does not take effect unless the residents whose recurrent charges will be affected by the variation consent to it (or the Tribunal orders that the variation take effect),

(v) the residents concerned must, within 30 days after receiving the notice, meet, consider and vote on the proposed variation and advise the operator whether or not they consent to it,

(vi) if the operator is not advised one way or the other, the residents are taken to have refused consent,

(vii) the operator must provide such information in relation to the proposed variation as the Residents Committee (or, if there is no such Committee established in the village, any resident) reasonably requests for the purpose of deciding whether consent should be given to the variation,

(viii) if the residents do not consent to the proposed variation the operator may apply to the Tribunal for an order in respect of the proposed variation,

(ix) the resident may apply to the Tribunal for an order directing the refund of overpaid recurrent charges on the grounds that an increase in the charges came into effect otherwise than in accordance with Division 4 of Part 7 of the Retirement Villages Act 1999 (which includes section 106),

(x) any application for such an order must be lodged no later than 12 months after the increase came into effect.

(2) The notice:

(a) must be dated, and

(b) must be signed by the operator (or an agent or employee of the operator) of the retirement village.