Queensland Numbered Acts Queensland Numbered ActsSection 90--
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'(1) A scheme operator is solely responsible for the cost of the retirement village's capital improvement, including the capital improvement of the retirement village's communal facilities owned by the scheme operator.
'(2) This section applies subject to sections 90A and 90B.
'(1) This section applies if--
(a) a resident gives the scheme operator a written request for a particular capital improvement to the resident's accommodation unit; and
(b) the scheme operator makes or agrees to make the capital improvement.
'(2) The resident is solely responsible for the cost of the capital improvement.
'(1) This section applies if--
(a) residents of a retirement village, by special resolution at a residents meeting, vote to give the scheme operator a written request for a capital improvement to the retirement village; and
(b) the scheme operator makes or agrees to make the capital improvement.
'(2) All the residents of the retirement village when the vote was taken are jointly responsible for the cost of the capital improvement.
'If a former resident stops being responsible, under section 104(3),3 to pay a proportion of the general services charges--
(a) the former resident stops being responsible, under section 90A or 90B, for the cost of a capital improvement; and
(b) the scheme operator becomes liable for the resident's share of the cost of the capital improvement.
'(1) A resident may give the scheme operator a written request to get quotes for a particular capital improvement to the resident's accommodation unit.
'(2) The residents committee may give the scheme operator a written request to get quotes for a particular capital improvement to the retirement village.
'(3) If the scheme operator receives a request under subsection (1) or (2), the scheme operator must get at least 2 quotes for carrying out the capital improvement from qualified tradespersons appropriate for the work.
'(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 resident or the residents committee.
'(6) Any reasonable cost associated with getting a quote must be paid by--
(a) for a quote requested under subsection (1)--the resident; or
(b) for a quote requested under subsection (2)--all residents jointly.
'(1) As a condition of agreeing to make a capital improvement, the operator may require the resident or residents to pay the cost of the improvement before it is made.
'(2) The scheme operator must keep the money received for the cost of a capital improvement in a trust account on trust for the benefit of the resident or residents.
Maximum penalty--540 penalty units.
'(3) The scheme operator must not use an amount received for the cost of a capital improvement and standing to the credit of the trust account for a purpose other than the cost of the capital improvement.
Maximum penalty--540 penalty units.
'(4) The scheme operator must refund any amount received for the cost of a capital improvement that exceeds the cost of the capital improvement to the resident or residents.
Maximum penalty--540 penalty units.'.