South Australian Current Acts South Australian Current Acts (1) This section
applies to a meeting convened under section 33.
(2) The operator must
ensure that—
(a)
residents have a reasonable opportunity to put questions to the operator or
its representative at a meeting of residents convened by the operator; and
(b)
questions submitted in writing under section 33(6)(b), or asked at a
meeting, are answered—
(i)
if possible—in reasonable detail at the relevant
meeting; or
(ii)
to the extent that compliance with subparagraph (i)
is not possible—within 10 business days after the meeting by the
presentation of detailed written answers.
(3) The convener of a
meeting must cause accurate minutes to be kept of proceedings at the meeting.
(4) The minutes of a
meeting must, within 10 business days after the meeting—
(a) in
the case of an annual meeting—be provided, in writing, to each resident;
or
(b) in
any other case—be made available for inspection by residents in a manner
that is easily accessible by residents.
(5) If a question
asked by a resident is answered at a meeting and the resident requests the
answer to be provided in writing, the operator must ensure that a detailed
written answer is provided to the resident within 10 business days after the
meeting.
(6) Nothing in this
section requires an operator, or the representative of an operator, to answer
an unreasonable question.
(7) Recurrent charges
cannot be increased beyond a level shown to be reasonable in view of the
accounts for the previous year, and the estimates for the current financial
year, as explained at a meeting of residents.
(8) A special levy may
not be imposed on residents of a retirement village unless authorised by
special resolution passed at a meeting of residents.
(9) Subject to
subsection (11)—
(a) each
resident present at a meeting of residents has 1 vote on any question
arising for decision at the meeting; and
(b) a
resident may exercise an absentee vote on a question arising for decision at
the meeting by giving the operator written notice of the proposed vote at
least 24 hours before the time of the meeting.
(10) A decision at a
meeting is to be determined by a simple majority of the votes cast by the
residents voting at the meeting (in person or by absentee vote).
(11) If 2 or more
residents are in occupation of the same residence in a retirement village only
1 of them may exercise a vote at a meeting of the residents and if more than 1
purport to vote, the person presiding at the meeting may determine which vote
is to be recognised.