(b) any action or failure to act by the manager that affects residents' use or enjoyment of the retirement village land; or (c) the provision of services or a failure to provide services by the manager to residents of the retirement village; manager means— (a) a person who manages a retirement village; and (b) if there is no such person, the owner of retirement village land; management contract means a contract between a resident and a manager which relates to the provision of services by the manager to the resident; S. 3(1) def. of non-owner resident inserted by No. 4/2005 s. 3(a). non-owner resident, in relation to a retirement village, means a person who is a resident of the village, who does not own the land the person occupies as a private residence in the village, and premises, in relation to any such resident, means the land so occupied by that resident; S. 3(1) def. of owner amended by No. 85/1998 s. 24(Sch. item 52.1 (a)(b)). owner— (a) in relation to land in an identified folio under the Transfer of Land Act 1958 or land not under the operation of the Transfer of Land Act 1958, means a person who alone or with others is the owner of an estate in fee simple, whether the person is the beneficial owner or holds the land on trust or subject to an equity of redemption or other similar right; and
S. 6(4) amended by No. 17/1999 s. 43(2)(a). (4) The Director may require an applicant for exemption to give more information about the application. S. 6(5) amended by No. 17/1999 s. 43(2)(a). (5) The Director may make recommendations to the Minister concerning— S. 6(5)(a) amended by No. 17/1999 s. 43(2)(b). (a) applications received by the Director under this section; and S. 6(5)(b) amended by No. 17/1999 s. 43(2)(a). (b) exemptions which the Director considers should be granted under this section, although no application has been received; and (c) the conditions to which particular exemptions ought to be subject. (6) The Governor in Council on the recommendation of the Minister may, by order published in the Government Gazette— (a) declare an organization to be an exempt organization; or (b) declare a retirement village to be an exempt village; or (c) declare a class of retirement villages to be exempt retirement whether or not an application for the exemption has been made under this section. (7) An exemption under subsection (6)— (a) is subject to such conditions as the Governor in Council on the recommendation of the Minister determines and states in the instrument of exemption; and
the certificate is prima facie evidence that on the date the amount of the charge is the amount so specified. (8) If asked by a resident an owner or owner's agent must give to the resident a certificate under subsection (7). S. 29(9)(10) repealed by No. 85/1998 s. 24(Sch. item 52.12). * * * * * S. 29(11) amended by No. 18/1989 s. 13(Sch. 2 item 72(d)), substituted by No. 85/1998 s. 24(Sch. item 52.13). (11) Within 14 days after land becomes subject to a charge under this Part, the owner of the land charged must lodge with the Registrar of Titles notification in a form approved by the Registrar of Titles of that charge and the land to be charged. 50 penalty units. S. 29(12) substituted by No. 18/1989 s. 13(Sch. 2 item 72(e)), amended by No. 85/1998 s. 24(Sch. item 52.14). (12) The Registrar of Titles may make a recording of the charge in the Register. (13) The interests and rights listed in section 42(2) of the Transfer of Land Act 1958 have priority over a charge. (14) An owner must not enter into a contract which creates or gives rise to a residence right in respect of which a charge would be created under this Part unless— (a) the owner has been released from or has discharged all encumbrances which would take priority to the charge, except those mentioned in section 42(2) of the Transfer of Land Act 1958; or
S. 34(4) amended by No. 44/2001 s. 3(Sch. item 99). (4) A statement prepared under subsection (3) must be audited by a registered company auditor within the meaning of the Corporations Act unless at the annual meeting held in the year immediately before the year in which the statement is to be presented, the residents present at the meeting decide by special resolution to dispense with the auditing requirements. S. 34(5) amended by Nos 53/1988 s. 45(Sch. 3 item 65) (as amended by No. 47/1989 s. 23(2)), 69/2006 s. 224 (Sch. 3 item 7.2). (5) This section is in addition to the provisions of the Owners Corporations Act 2006. S. 35 repealed by No. 4/2005 s. 11. * * * * * 36 Residents committee S. 36(1) amended by No. 69/2006 s. 224(Sch. 3 item 7.3(a)). (1) In the case of a retirement village where there is no owners corporation the residents may elect a residents committee to represent the interests of the residents of the village. (2) Each member of a residents committee holds office for one year from the date of election but is eligible for re-appointment. (3) A member of a residents committee may at any time be removed from office by special resolution passed by a meeting of residents. (4) The residents committee's procedure is in its discretion. (5) The residents committee may form and determine their procedure.
the making of the declaration and stating that they have a right to make submissions to the Director within 60 days after service of the notice; and S. 39(3)(c) amended by No. 4/2005 s. 17(3)(b). (c) must include a copy of the notice served on residents mentioned in paragraph (b); S. 39(3)(d) inserted by No. 4/2005 s. 17(3)(c). (d) if so required by the Director, must include any information that is reasonably necessary to establish the boundaries of the land to which the application relates and the use to which the land is put. S. 39(4) amended by No. 17/1999 s. 43(4). (4) Before determining whether to grant or refuse an application the Director must consider all submissions lodged within 60 days after service of the notice mentioned in subsection (3). S. 39(5) amended by No. 17/1999 s. 43(4). (5) The Director may grant or refuse an application under this section. S. 39(6) amended by Nos 17/1999 s. 43(4), 4/2005 s. 17(4)(a). (6) On an application in accordance with this section and after considering submissions in accordance with subsection (4) the Director may by instrument published in the Government Gazette declare that the retirement village notice to which the application relates is cancelled to the extent that it applies to land that is the subject of an application that has been granted, if the Director is satisfied that— S. 39(6)(a) amended by No. 4/2005 s. 17(4)(b). (a) the land to which the application relates is no longer used as a retirement village; and (b) the owner has served on all residents, former residents and their legal personal representatives notice in accordance with this section.
S. 53 inserted by No. 4/2005 s. 21. 53 Transitional provision—registration of retirement villages—2005 Amendment Act The manager of a retirement village that is in existence on the commencement of section 16 of the 2005 Amendment Act must, within 21 days of that commencement, give a notice to the Director that complies with section 38L(1). S. 54 inserted by No. 4/2005 s. 21. 54 Transitional provision—contractual provisions relating to arbitration—2005 Amendment Act Section 42A applies to any residence contract and to any management contract in force on the commencement of section 19 of the 2005 Amendment Act. __________________ Sch. 1 amended by No. 85/1998 s. 24(Sch. item 52.22), repealed by No. 4/2005 s. 22. * * * * * Sch. 2 repealed by No. 4/2005 s. 23. * * * * *