RETIREMENT VILLAGES ACT 1999 - SECT 108
New services to be approved by majority of residents
RETIREMENT VILLAGES ACT 1999 - SECT 108
New services to be approved by majority of residents
108 New services to be approved by majority of residents
(1) A scheme operator may offer residents a service not already supplied under
the scheme, for which a services charge is to be, or may be, made, only if the
residents agree to it being supplied by special resolution at a residents
meeting.
(2) Subsection (1) does not apply to—
(a) a personal service; or
(b) a service that is the same as a service already supplied under the scheme
and introduced as a cost-effective alternative after consideration under
section 107A ; or
(c) another service, if the residence contract of each of
the residents states that the service was proposed to be supplied.
(3) The
scheme operator must get at least 2 quotes for supplying the service from
qualified tradespersons appropriate for the service.
(4) However, the
requirement to get at least 2 quotes does not apply if, for exceptional
reasons, it is not practicable to get more than 1 quote.
(5) The scheme
operator must give copies of the quotes or, if the quotes are voluminous,
summaries of the quotes and advice about where the complete quotes may be
inspected, promptly to the residents.
(6) Any cost associated with getting a
quote must be paid by the scheme operator.
(7) If any capital improvements
are required for the scheme operator to supply the service, the scheme
operator may supply the service only if the capital improvements are requested
by the retirement village residents under section 90B .
(8) The operator may
not charge the residents for the new service before the service is supplied to
the residents.
