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RETIREMENT VILLAGES ACT 1999 - SECT 60
Variation in services or facilities provided at village
60 Variation in services or facilities provided at village
(1) The operator of a retirement village must propose a variation in the
services and facilities provided at the village if-- (a) 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), or
(b) the
Residents Committee of the village,
requests the operator in writing to do so.
(2) The operator may propose a variation in the services and facilities
provided at the village even if there has been no request under subsection
(1).
(3) The services and facilities provided at the village are not to be
varied as proposed unless the residents of the village, by a
special resolution, consent to the variation. If consent is given, the
operator may vary the service or facility in accordance with the consent as
soon as is practicable (unless the resolution provides that the variation is
to take effect on a specified later date).
(4) An operator who receives a
request under subsection (1) must call a meeting of the residents of the
village, to be held no later than 28 days after the receipt of the request,
for the purpose of considering a special resolution concerning the proposed
variation.
(5) A resident is not entitled to vote on the special resolution
unless the service or facility concerned is (or is proposed to be) available
to the resident.
(6) Regardless of the terms of any village contract, the
operator does not breach the contract by varying services or facilities in
accordance with this section.
(7) If the operator considers that a proposed
variation in services or facilities under this section will impose a cost on
the operator additional to that allowed for in the approved annual budget, the
operator must seek the residents' consent to an amendment to the
approved annual budget.
(8) Section 115 does not apply to or in respect of a
consent sought under this section.
(9) If the residents refuse to consent to
the amendment, section 53 (3)-(5) applies to such a refusal in the same way
that it applies to a refusal under that section.
(10) In this section--
"services and facilities" means services and facilities provided by or on
behalf of the operator.
"variation" in a service or facility includes the following-- (a) a reduction
in the service or facility,
(b) the withdrawal of a service or facility,
(c)
an increase in a service or facility,
(d) any other change in a service or
facility,
(e) the provision of a new service or facility.
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