Retirement Villages Act 2012

The operator of a retirement village must propose an amendment of the village rules if either of the following requests the operator in writing to do so:

a minimum of 5 residents, or 10% of the residents, (whichever is the greater) of the village (or, if the village has fewer than 10 occupied residential premises, residents from a majority of the occupied residential premises);

the residents committee for the village.

The operator may propose an amendment of the village rules even if there has been no request under subsection (1).

A proposed amendment is not to be made unless the residents of the village, by a special resolution, consent to the amendment.

An operator who receives a request under subsection (1) must call a meeting of the residents of the village, to be held not later than 28 days after the day the request is received, to consider a special resolution about the proposed amendment.

The residents committee for the retirement village or, if there is no residents committee, a representative of the residents of the retirement village, must tell the operator of the outcome of the vote taken to obtain the residents’ consent to a proposed amendment.

Within 7 days after the day the operator is told of the outcome of the vote taken to obtain the residents’ consent under this section, the operator must tell the residents of the outcome of the vote.

If consent is given, the amendment takes effect 7 days after the day the operator is told about the special resolution giving consent (or from any later date stated in the resolution).

However subsection (6) does not apply if the operator, within the 7‑day period mentioned in subsection (6)—

makes an application to the ACAT under section 84 (Operator’s objection to proposed amendment of village rules); or

seeks the residents’ consent to an amendment to the approved annual budget (if any) under section 85 (Operator’s concern that amendment will impose additional cost).

Nothing in this section prevents the ACAT from making an order under section 86 (Other applications to ACAT about village rules) modifying or setting aside a village rule as amended.

For this section:

an amendment of a village rule;

the addition of a new rule to the village rules;

the omission of a village rule that is in force.