Section 167 of the Retirement Villages Act 1999 (NSW) applies to all options held by a retirement village operator, including those whose contractual preconditions for exercise have not yet been triggered. The 28-day period runs from the date of permanent vacation regardless of the operator's knowledge. Operators holding options to purchase retirement village units must give notification of their decision within 28 days of the resident permanently vacating, even if the contractual trigger for exercise has not occurred. The question whether s 167 impliedly requires operator knowledge of permanent vacation was left open.
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