New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 9)
Retirement Villages Act 1999 , section 18 (1)
This statement is required to be given to all prospective residents under the Retirement Villages Act 1999 . It is designed to give you a general understanding of the features and financial arrangements of this retirement village, should you choose to become a resident.
The retirement village industry offers a wide range of features and financial arrangements. Comparing the disclosure statements from a number of retirement villages will assist you in identifying the most suitable and affordable village for your needs.
You are unable to enter into a village contract with us for at least 14 days after receiving a copy of this statement. You should use this time to read all documents you have obtained and carefully consider your options. If, after reading this statement, you are uncertain as to any aspects of the village or its suitability for you, feel free to ask us any further questions. You are encouraged to get independent legal advice before signing any contracts.
1 Common name of village:
2 Full address of village:
Street No
Street/Road etc
Suburb/town
Postcode
3 Proximity to services:
Nearest public hospital: Distance from villagekm Nearest shopping centre: Distance from villagekm Nearest railway station: Distance from villagekm
4 Is there a bus stop within 200 metres of the village? Yes/No
If Yes, details are as follows:
bus no/s destination/s frequency/limitations of service
1 The residential premises in the village are made up of:
× bedsitters
× 1br premises
× 2br premises
× 3br premises
× other (specify)
2 The total number of premises currently in the village is, of which:
are self-contained premises
are serviced premises
are other (specify)
3 Has development consent for the construction of more residential premises in the village been granted? Yes/No
If Yes, details are as follows:1 Stage No:
Number of premises to be built:
Estimated completion date:2 Stage No:
Number of premises to be built:
Estimated completion date:
Does the operator operate a facility through
which residential care within the meaning of the Aged Care Act 1997 of the
Commonwealth is provided (that is, a nursing home or hostel) adjoining the
retirement village or elsewhere? Yes/No
If Yes, note that:
(a) the facility is not covered by the Retirement Villages Act 1999 , and
(b) current Commonwealth Government policy guidelines on admission to such a facility requires that places are to be allocated on a “needs” basis. Access will be subject to a person’s being assessed as eligible for admission in accordance with Commonwealth Government laws and cannot be guaranteed. No priority can be given to residents of our retirement village.
1 The land on which the village is located is owned by:
Year of original construction:
Name of original developer:
2 (Delete if not applicable) Residents own the premises they occupy in the village.
This ownership is of the following kind: (tick whichever is applicable)□ strata title□ company title□ community title□ other (specify)
1 Who is/are the current operator/s of the village?
Name, address and telephone number:
ABN (delete if not applicable):
2 Date current operator became operator of the village:
3 The operator has been involved in operating retirement villages in New South Wales since
4 Is the operator, or an employee or agent of the operator, available at the village to deal with residents? Yes/No
If Yes, the person is available fromam topm,days per week.
5 What is the name and what are the contact details of the person to whom inquiries should be directed if further information about becoming a resident is required?
Villages subject to a community land scheme or strata scheme (delete if not applicable)
6 Name, address and telephone number of managing agent (if any):
7 Does the operator or a close associate of the operator have voting rights on the relevant association or owners corporation? Yes/No
If Yes, the percentage of votes held by the operator or close associate at the last Annual General Meeting was%
Does the village have a Residents Committee established by
the residents under the Retirement Villages Act 1999 ? Yes/No
If Yes, its contact details are:
Name of Secretary or Chairperson:
Address:
Phone Number:
1 The financial year of the village is fromto
2 Does the village have a maintenance fund for long-term maintenance? Yes/No
If Yes, the balance in the fund at the end of the last financial year was $
3 Is a specific proportion of ingoing contributions or departure fees (or both) paid by residents set aside in a capital replacement fund for the purpose of financing depreciation and capital replacement in the village? Yes/No
If Yes, the proportion is calculated as follows
and the surplus/deficit (delete whichever is not applicable) in the capital replacement fund at the end of the last financial year was $Note: In a community land scheme, company title scheme or strata scheme, maintenance of community or common property is the responsibility of the relevant association, company or owners corporation.
4 Are any ingoing contributions paid by residents held by a trustee? Yes/No
If Yes, is it permissible under the trust deed for those contributions to be lent or otherwise made available to the operator of the village? Yes/No
5 Is there any personal or legal connection between any of the trustees and the operator? Yes/No
If Yes, details are:
6 In the last financial year was money payable by the operator to former residents paid in full and on time? Yes/No
If No, specify the amount concerned and the reasons for the delay:
7 Did the audited accounts for the previous financial year contain a statement from the auditor expressing considerable uncertainty regarding the ability of the operator to meet the liabilities of the village as and when they fall due during the financial year immediately following? Yes/No
8 Has the operator ever applied to the Residential Tribunal or the Consumer, Trader and Tenancy Tribunal to extend the period of time to pay refunds to former occupants? Yes/No
9 According to the audited accounts of the income and expenditure of the village, the surplus/deficit (delete whichever is not applicable) at the end of the 3 previous financial years/the financial years during which the village has been in operation (if fewer than 3) was as follows:
Financial year ending Amount surplus/deficit (delete whichever is not applicable) $ $ $
1 Do all residential premises within the village have security screen doors? Yes/No
2 Are all windows of residential premises fitted with key operated locks? Yes/No
3 Do all residential premises within the village have smoke alarms? Yes/No
4 Has the operator been notified of any residential premises within the village being broken into in the last 2 years? Yes/No
If Yes, how many?
5 Are residential premises and common areas in the village accessible to persons with impaired mobility, including those in wheelchairs? Yes/No/Partially
(specify)
6 Does the village have a village emergency system that enables residents to summon assistance in an emergency? Yes/No
If Yes, the system involves: (tick whichever is applicable)□ distress buttons in residential premises and common areas□ emergency bracelets worn by residents□ other (specify)
7 The village emergency system is monitored: (tick whichever is applicable)□ on site by the operator or an employee of the operator□ off site by (specify)
The system is monitored betweenam andpm,days per week.
8 Does the operator have a master key or copies of keys to residential premises in the village for use in an emergency? Yes/No
1 Has the operator ever been convicted of an offence under the Retirement Villages Act 1999 or the Retirement Villages Regulation 2000 ? Yes/No
If Yes, give details of the offence and amount of penalty:
2 Has the operator ever been ordered by the Residential Tribunal or the Consumer, Trader and Tenancy Tribunal to comply with a requirement of the Retirement Villages Act 1999 or the Retirement Villages Regulation 2000 ? Yes/No
If Yes, give details of the order/s made:
3 Has the operator complied with all requirements of any development consent relating to the village? Yes/No
If No, details of the non-compliance are:
4 Have final occupation certificates been issued in relation to all the buildings in the village? Yes/No
1 Before becoming a resident of the village you will be required to enter into: (tick those applicable)□ a residence contract□ a service contract□ other (specify)
2 If your residence contract does not give you the right to use the following, you may enter into a separate (optional) contract in respect of them: (tick those applicable)□ a garage□ a parking space□ a storage room□ other (specify)
3 If you become a resident, documents setting out the following will also be relevant: (tick those applicable)□ the village rules□ the by-laws of the community land scheme/strata scheme□ the company’s constitution/the replaceable rules set out in the Corporations Act 2001 of the Commonwealth□ other (specify)Note: Copies of the documents referred to in any of the ticked boxes may be inspected during business hours or you can request copies to be sent to you free of charge.
1 At the village the following facilities are currently available for the use of residents: (tick those applicable)
□ activities room□ arts and crafts room□ auditorium□ billiards room□ bowling green□ chapel□ common laundries□ community room/centre□ consultation room for visiting medical practitioners□ croquet lawn□ dining room□ gym□ hairdressing room for visiting hairdresser□ library □ outdoor barbecue area□ putting green□ restaurant□ separate games room□ separate lounge□ shop□ spa (indoor/outdoor) (heated/not heated)□ swimming pool (indoor/outdoor) (heated/not heated)□ tennis court□ village bus□ visitor parking□ workshop□ other (specify) Note: Indicate if more than one of the same facility is available.
2 Does any development consent in relation to the village require that any of the above facilities be provided for the life of the village? Yes/No
If Yes, those facilities are:
Note: Any of the facilities (other than those referred to in the above question) may be withdrawn or varied if the residents consent, by special resolution, to the withdrawal or variation.
3 Are any of the facilities identified above available only on a “user pays” basis (or available on that basis to some residents only-such as meals available in the dining room to residents in self-contained premises)? Yes/No
If Yes, those facilities and current amounts charged are:
Facility Charge
4 Does the operator intend to provide or make available additional facilities in the future? Yes/No
If Yes, the details are as follows:
Proposed facility Date by which it is to be provided or made available
1 The operator provides, or makes available, the following general services to all residents of the village: (tick those applicable)□ annual auditing of the accounts of the village□ cleaning and maintenance of common areas and facilities□ insurance of the village to full replacement value□ maintenance and care of common area lawns and gardens□ management and administration services□ payment of all rates, taxes and charges including charges for gas, water and electricity relating to common areas and facilities□ public liability cover to the value of $□ other (specify)Note: In a community land scheme, company title scheme or strata scheme, these services may be provided by the relevant association, company or owners corporation rather than the operator.
2 Does any development consent in relation to the village require that any of the above services be provided for the life of the village? Yes/No
If Yes, those services are:Note: Any of the services (other than those referred to in the above question) may be withdrawn or varied if the residents consent, by special resolution, to the withdrawal or variation.
3 If a village bus is provided or made available to residents the service operates: (tick those applicable)□ for arranged outings□ on demand (ie ifor more residents request to use the bus)□ per day/week to the following destinations□ other (specify)
4 Are optional services provided, or made available, by or on behalf of the operator to individual residents of the village? Yes/No
If Yes, the following is a complete and accurate list of those optional services:
Service Charge (if any) $ $
5 Does the operator intend to provide or make available additional services in the future? Yes/No
If Yes, the details are as follows:
Proposed service Date by which it is to be provided or made available
1 To become a resident you will be required to pay the following: (tick those applicable)□ an ingoing contribution of $, irrespective of which premises you choose□ an ingoing contribution of between $and $, depending on which premises you choose□ lease registration fee of $□ the purchase price of your premises. The price of premises sold in the village in the last financial year ranged from $to $□ stamp duty□ half of the cost of preparing your residence contract, the total cost of that preparation being $□ half of the cost of preparing your service contract, the total cost of that preparation being $□ weeks’ advance payment of recurrent charges□ other (specify)
2 Is a deposit payable to the operator on entering into a village contract? Yes/No
If Yes, it is: (tick whichever is applicable)□ $□ % of the ingoing contribution
3 Is a separate payment required to secure the use of a garage or carport under a separate village contract? Yes/No
If Yes, the payment is:□ garage $□ carport $
1 The current rate/s of recurrent charges are as follows:
Type of premises Singles Couples self contained dwellings (specify if amount differs depending on size) $ $ serviced premises $ $ other (specify) $ $ Note: In a community land scheme, company title scheme or strata scheme, residents may be liable to pay levies in addition to recurrent charges.
2 Recurrent charges are payable by residents: (tick all options available to residents)□ weekly□ fortnightly□ monthly□ quarterly□ other (specify)
3 Payment of recurrent charges may be made: (tick all those applicable)□ in cash at the office□ by cheque or money order□ by direct debit□ other (specify)
4 Are future variations in the rate/s of recurrent charges limited according to a fixed formula? Yes/No
If Yes, the formula is as follows: (tick whichever is applicable)□ recurrent charges will remain% of the standard maximum single/couple (delete whichever is not applicable) aged pension (excluding/including (delete whichever is not applicable) rental assistance subsidy)□ recurrent charges will vary in proportion to variations in the Consumer Price Index□ recurrent charges will increase by% everymonths/years□ other (specify)
The amount of contributions levied under the Strata Schemes Management Act 1996 for the current year in respect of the lot (within the meaning of the Strata Schemes Management Act 1996 ) are:
Note: The amount of contributions to be levied is reviewed at least once each year.
1 Is a departure fee payable to the operator? Yes/No
If Yes, the departure fee is% per annum (calculated on a daily basis) for a maximum ofyears of occupancy of: (tick whichever is applicable)□ the ingoing contribution of the outgoing resident□ the ingoing contribution of the incoming resident□ the purchase price of the outgoing resident□ the purchase price of the incoming resident□ other (specify)
If the departure fee is calculated on a different basis, specify
2 If an ingoing contribution is payable, is any of that contribution non-refundable? Yes/No
If Yes: (complete whichever is applicable)□ the amount is $□ the proportion is%
3 Do former residents and the operator share any capital gains (that is, if the incoming resident pays a higher ingoing contribution/purchase price that the former resident)? Yes/No
If Yes, the respective proportions are
4 Do former residents and the operator share any capital loss (that is, if the incoming resident pays a lower ingoing contribution/purchase price that the former resident)? Yes/No
If Yes, the respective proportions are
1 Does the village operate a waiting list? Yes/No
If Yes, is a waiting list fee charged? Yes/No
If Yes, the fee is $
2 Annexed to this statement is a list, accurate as at the date of this statement, of all residential premises in the village that are available for occupation in the next 3 months. The list specifies the following in respect of each of the premises:(a) the address of the premises,(b) the number of bedrooms in the premises,(c) whether the premises are self-contained premises, serviced premises or another (specified) type of premises,(d) whether or not the premises have ever been previously occupied,(e) the amount of ingoing contribution required for, or the asking price of, the premises,(f) whether the premises are for sale,(g) if the premises are for sale, whether the operator of the village is the selling agent,(h) if the operator is not the selling agent, the name and contact details of selling agent.(Annex the list referred to)
This statement was provided to, or a person acting on behalf of (if known):
This statement was given personally/sent by post.
Signed by or on behalf of the operator, who warrants that, to the best of the
operator’s knowledge, the information contained in this statement is true:
(print name)(signature)
Signed thisday of, 20
Note:1 If a question in this statement provides for a “Yes/No” answer and the operator of the village:(a) answers “No” to the question-the operator may delete from the statement any immediately following matter that begins “If Yes”, or(b) answers “Yes” to the question-the operator may delete from the statement any immediately following matter that begins “If No”.2 If the village is not subject to a community land scheme, company title scheme or strata scheme, the operator may delete the notes in this statement referring to those schemes and that title.