Maintenance charge notice
38B Maintenance charge notice
If the operator of a retirement village determines the maintenance charge in respect of a year, the operator must give notice of the charge to each resident of the retirement village who is required to pay the charge.
Note
See section 42D for the giving of notice electronically.
The notice must specify—
the amount of the maintenance charge; and
the goods or services to be provided by the operator of the retirement village that are to be funded by the maintenance charge; and
the amount of the maintenance charge that is to contribute to the operator's costs of managing the retirement village, including—
the costs of employing or engaging persons in relation to the retirement village; and
the costs of maintaining facilities in the retirement village, common areas and capital items in the retirement village; and
that the maintenance charge does not include goods and services that are optional services.
Despite subsection (1), an operator is not required to give notice of a maintenance charge if—
there is an owners corporation incorporated in respect of retirement village land; and
the amount of the maintenance charge that a resident is required to pay is clearly and separately specified in a fee notice or final notice given to the resident under section 31 or 32 of the Owners Corporations Act 2006.
An operator may give a notice of a maintenance charge under subsection (1) and a fee notice or a final notice under section 31 or 32 of the Owners Corporations Act 2006 if—
the notice under subsection (1) specifies that the resident is required to pay the maintenance charge under the residence contract or management contract (as the case requires); and
the fee notice or final notice—
specifies that it is issued under the Owners Corporations Act 2006; and
does not include the amount of the maintenance charge.
S. 38BA inserted by No. 19/2025 s. 48.
This Act’s bill:Second reading speech
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