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RETIREMENT VILLAGES ACT 1986 - SECT 32G Tribunal's determinations on application of manager or owner resident

RETIREMENT VILLAGES ACT 1986 - SECT 32G

Tribunal's determinations on application of manager or owner resident

    (1)     On application under section 32E(4) or 32F, the Tribunal may determine whether the decision of the manager not to enter into a management contract is reasonable in the circumstances, having regard to—

        (a)     whether the premises concerned are suitable for occupation by the purchaser (or another person the purchaser intends to allow to live in the premises), having regard to his or her physical and mental capacity; and

        (b)     any other factor that the Tribunal considers relevant.

    (2)     For the purposes of subsection (1)(b), the age of the purchaser (or another person whom the purchaser intends to allow to live in the premises) is not relevant if the purchaser (or the other person) is a retired person.

    (3)     On making its determination under subsection (1), the Tribunal may make an order of the kind referred to in section 32E(4) or 32F, as appropriate, regardless of whether that is the order sought.

    (4)     An order referred to in section 32F may also, if the Tribunal considers it appropriate, set the terms of the management contract to be entered into, having regard to the management contracts in force in the village.

    (5)     If the Tribunal makes the order referred to in section 32F, the Tribunal may also order the manager to pay such compensation to the owner resident or the purchaser (or both) for delay and inconvenience as it considers just in the circumstances.

Part 6—Resident participation