RETIREMENT VILLAGES ACT 1986 - SECT 38B Maintenance charges—former non-owner residents

RETIREMENT VILLAGES ACT 1986 - SECT 38B

    (1)     The liability of a former non-owner resident of premises in a retirement village for maintenance charges that arise on or after the time at which the former non-owner resident ceased to occupy the premises, ceases on—

        (a)     the date on which another person enters into a management contract with the manager for the premises; or

        (b)     the date on which a person takes up residence in the premises with the consent of the manager; or

        (c)     the date that is 6 months after the date on which the former non-owner resident otherwise delivers up vacant possession of the premises—

whichever date occurs first, or any earlier date that the former non-owner resident and the manager may agree on.

    (2)     Subsection (1) does not apply if the contract under which the non-owner resident pays maintenance charges provides for an earlier cessation of liability for the payment of maintenance charges.

S. 38B(3) amended by No. 23/2016 s. 32.

    (3)     In this section "former non-owner resident", in relation to a retirement village, means a person who was a non-owner resident of the village but who has ceased to be such a resident.

Pt 6A Div. 2 (Heading and ss 38C, 38D) inserted by No. 4/2005 s. 16.

Division 2—Powers of attorney and proxies

S. 38C inserted by No. 4/2005 s. 16.