S. 3(1) def. of owners corporation inserted by No. 69/2006 s. 224(Sch. 3 item 7.1(d)). owners corporation has the same meaning as in the Owners Corporations Act 2006; S. 3(1) def. of personal services inserted by No. 4/2005 s. 3(a). personal services, in relation to services provided by a manager of a retirement village, means those services provided by the manager that a resident of the village may choose to use but which it is not necessary that the manager provide for the purposes of the maintenance of the village; prescribed amount means— (a) $10 000; or (b) if a greater amount is prescribed for the purposes of this definition that greater amount; S. 3(1) def. of prescribed period amended by No. 69/2006 s. 224(Sch. 3 item 7.1(e)). prescribed period means— s. 3 (a) in respect of a retirement village where there is no owners corporation, the period of 12 months ending 3 months before the date on which the annual meeting is to be held; and (b) in respect of a retirement village where there is an owners corporation, the period to which the accounts presented to the annual meeting are required to relate; refundable in-going contribution means so much of an in-going contribution as is under a residence contract or this Act— (a) refundable to the resident if the resident leaves the retirement village; or
(a) the use and enjoyment of the retirement village land by other residents in the retirement village; or (b) the use of services by other residents in the retirement village, being services provided to residents in the retirement village by the manager; S. 3(1) def. of residential care facility inserted by No. 4/2005 s. 3(a). residential care facility means any premises— (a) in which— (i) a residential care service; or (ii) a multi purpose service— within the meaning of the Aged Care Act 1997 of the Commonwealth, is operated by an approved provider within the meaning of that Act; and s. 3 (b) in respect of which an allocation of residential care places or flexible care places is in effect under Division 15 of that Act; residents committee means a residents committee formed under Part 6; S. 3(1) def. of retired person amended by No. 27/2001 s. 8(Sch. 6 item 6.1(b)). retired person means— (a) a person who has attained the age of 55 or has retired from full time employment; and (b) the spouse or domestic partner of such a person; and (c) if the person mentioned in paragraph (a) has died, the person who was the spouse or domestic partner of that deceased person;
(h) services or facilities for the recreation or entertainment of residents; (i) other services for the care or benefit of residents; S. 3(1) def. of society inserted by No. 35/1996 s. 453(Sch. 1 item 72.1), repealed by No. 11/2001 s. 3(Sch. item 64.1). * * * * * special resolution means a resolution which— (a) is passed at a meeting of which at least 21 days written notice specifying the intention to propose the resolution as a special resolution has been given to all residents; and (b) is passed at a meeting held in accordance with paragraph (a) by a majority of not less than three quarters of the residents living at the retirement village and voting at that meeting; s. 3 S. 3(1) def. of spouse inserted by No. 27/2001 s. 8(Sch. 6 item 6.1(a)). spouse of a person means a person to whom the person is married; S. 3(1) def. of Tribunal inserted by No. 4/2005 s. 3(a). Tribunal means the Victorian Civil and Administrative Tribunal established under the Victorian Civil and Administrative Tribunal Act 1998.
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. s. 6 (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 (b) may be expressed to apply to this Act or to any of its provisions stated in the instrument of exemption; and
(5) If the Tribunal makes the order referred to in section 32F, the Tribunal may also order the manager to pay such compensation to the owner resident or the purchaser (or both) for delay and inconvenience as it considers just in the circumstances. s. 32G _______________ 33 Annual meeting s. 33 In each year the manager of a retirement village must convene an annual meeting of the residents of the retirement village. 50 penalty units. 34 Proceedings at annual meetings (1) The owner of retirement village land must prepare and present to the annual meeting a statement in writing, signed by the owner and setting out the following— (a) whether all refundable in-going contributions which fell to be refunded to residents of the village during the prescribed period have been refunded, and if any have not, the amount which has not been refunded, details of the delay and the reasons for the delay; (b) whether the owner is aware of any material matter which may prevent the owner from meeting debts as and when they will fall due in the period of 12 months from the end of the prescribed period, and if the owner is aware of any such matter, details of the matter. 100 penalty units.
(d) details of any proposed increases in maintenance charges to be paid by residents; and (e) details of any special levies which it is proposed to ask residents to pay. 100 penalty units. 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 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.
Pt 6A (Heading) inserted by No. 4/2005 s. 14. Pt 6A Div. 1 (Heading) inserted by No. 4/2005 s. 14. Division 1—Maintenance and other charges 38 Increases in maintenance charges s. 38 (1) In this section— adjusted maintenance charge means the adjusted maintenance charge determined and indexed in accordance with the regulations; S. 38(1) def. of maintenance charge repealed by No. 4/2005 s. 15. * * * * * special levy means a payment which is made by a resident to the owner or manager and which is not— (a) a maintenance charge; or (b) a payment made in consideration of residence in the village. (2) Despite anything to the contrary in a residence contract, a management contract or the by-laws a resident is not required to pay a maintenance charge to the extent to which it is greater than the adjusted maintenance charge. (3) A manager is not liable in any civil action for breach of contract in respect of the manager's failure to provide goods and services to residents if—
(2) The Regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstances; and (c) may— (i) provide for the collection of prescribed fees; and (ii) prescribe different fees in respect of different classes of persons organizations or cases; and (d) may confer discretions or powers or impose duties in connexion with the regulations on an owner, manager, resident or other person; and S. 43(2)(e) amended by No. 4/2005 s. 20(2). (e) may impose penalties not exceeding 20 penalty units for contravention of the regulations. S. 44 inserted by No. 17/1999 s. 44, repealed by No. 1/2010 s. 99. * * * * * s. 43 __________________ Pt 8 (Heading and ss 45–54) inserted by No. 4/2005 s. 21. S. 45 inserted by No. 4/2005 s. 21. 45 Definitions s. 45 In this Part, 2005 Amendment Act means the Retirement Villages (Amendment) Act 2005.
Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 items 72.1–72.3) on 1.1.97: s. 2(3) : This information relates only to the provision/s amending the Retirement Villages Act 1986 Residential Tenancies Act 1997, No. 109/1997 Assent Date: 23.12.97 Commencement Date: S. 533(Sch. 2 item 11) on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Retirement Villages Act 1986 Transfer of Land (Single Register) Act 1998, No. 85/1998 Endnotes Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 52) on 1.1.99: s. 2(3) : This information relates only to the provision/s amending the Retirement Villages Act 1986 Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999 Assent Date: 18.5.99 Commencement Date: Ss 43, 44 on 1.9.99: Government Gazette 19.8.99 p. 1901 : This information relates only to the provision/s amending the Retirement Villages Act 1986 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 109) on 22.11.00: s. 2(1) : This information relates only to the provision/s amending the Retirement Villages Act 1986 Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001 Assent Date: 8.5.01 Commencement Date: S. 3(Sch. item 64) on 1.6.01: s. 2(2) : This information relates only to the provision/s amending the Retirement Villages Act 1986 Statute Law Amendment (Relationships) Act 2001, No. 27/2001 Assent Date: 12.6.01 Commencement Date: S. 8(Sch. 6 item 6) on 28.6.01: Government Gazette 28.6.01 p. 1428 : This information relates only to the provision/s amending the Retirement Villages Act 1986 Corporations (Consequential Amendments) Act 2001, No. 44/2001