Retirement Villages Act 1986

For the purpose of this Act, management dispute means a dispute between a resident of a retirement village and the operator or the proprietor of the village that is about—

the control, management or administration of the retirement village by the operator or the proprietor; or

any action or failure to act by the operator or the proprietor that affects residents' use or enjoyment of the retirement village land; or

the provision of services or a failure to provide services by the operator to residents of the retirement village.

A management dispute includes a dispute between a resident of a retirement village and the operator or the proprietor of the village that is about—

an operator's failure to give permission to a person to live in the village under section 6; or

a decision by the operator to refuse consent to an addition, removal or alteration of a fixture or fitting under section 37C that the resident considers to be unreasonable; or

the works or the cost of works specified in a reinstatement disagreement notice under section 37F; or

whether a non-owner resident complied with section 37D, whether works specified in a reinstatement notice given to the resident under section 37E are required or whether the cost of works specified in such a notice is excessive; or

the completion of a renovation specified in a reinstatement notice given under section 37E; or

the cost or completion of a renovation under an agreement referred to in section 37H(2); or

a failure by the operator to provide a condition report to the resident under section 37J; or

whether a statement in a condition report is inaccurate or incomplete, where there has been a failure to amend the condition report under section 37K; or

a decision at a meeting of residents not to approve by special resolution the payment of a maintenance charge that is greater than the adjusted maintenance charge in circumstances where the operator considers a greater maintenance charge is necessary to fund the maintenance of the retirement village; or

the abatement of maintenance charges under section 38BB; or

a refusal or failure of the operator to reimburse the resident for the cost of capital maintenance or capital replacement of an item of capital under section 38BJ; or

a variation of a service or facility by the operator otherwise than in accordance with Division 1C of Part 6A; or

the compliance by the operator with the requirements set out in Division 3 of Part 6A in relation to emergency plans, safety inspections, key safety information and evacuation exercises; or

the apportionment of capital losses as compared with capital gains; or

any calculation of the amount the resident is entitled to be paid if the resident vacates premises during a settling in period or the time within which such an amount should be paid; or

compliance with Division 4 of Part 4; or

any limitations imposed by the operator or proprietor on the provision of services to a resident by a person other than the operator, proprietor or any employee or contractor of the operator or the proprietor; or

any other compliance with a provision of or failure to comply with a provision of this Act or the regulations that is prescribed.

A management dispute does not include a resident dispute.