Western Australian Current Regulations

RETIREMENT VILLAGES REGULATIONS 1992 - REG 7G

7G .         Matters relating to condition of premises to be included in residence contract

        (1)         A residence contract must include the provisions or matters listed in the Table relating to the condition of the residential premises and village infrastructure covered by the contract.

Table

Item	Provision or matter relating to condition of premises
1.	A provision setting out —
	(a)         who is responsible for arranging to carry out maintenance, repair or replacement work to ensure that the residential premises and any fixtures, chattels and capital items included in, or attached or connected to, the residential premises are maintained in a reasonable condition during the occupation of the premises; and
	(b)         the contributions to be made by the resident and by the administering body to the costs of carrying out the work referred to in paragraph (a); and
	(c)         if the resident is required to make a contribution to the costs of carrying out the work, the procedures to be followed in obtaining the consent of the resident to the carrying out of the work and the cost of the work; and
	(d)         if the resident does not agree with the cost of work that is to be arranged by the administering body and paid for by the resident, a provision that the resident may instead arrange for the work to be carried out at the expense of the resident; and
	(e)         how any contribution to the costs by the resident is to be paid; and (f)         a reference to Note 3.
2.	A provision setting out — (a)         who is responsible for arranging to refurbish the residential premises in accordance with the Code if the resident permanently vacates the premises; and
	(b)         the contributions to be made by the resident and by the administering body to the costs of carrying out the work referred to in paragraph (a); and
	(c)         how any contribution to the costs by or on behalf of the resident is to be paid; and
	(d)         a reference to Note 3.
3.	A provision setting out — (a)         who is responsible for arranging to carry out maintenance, repair, renovation or replacement work in respect of buildings, structures, fixtures, chattels and other capital items in the village, other than those referred to in item 1; and
	(b)         a reference to Note 3.
4.	A provision that the resident may apply to the administering body for approval to add a fixture or chattel to, or remove a fixture or chattel from, the residential premises (the alteration ) and that the administering body must —
	(a)         not unreasonably withhold approval for the alteration; and
	(b)         if the alteration is not approved — notify the resident in writing of the decision and the reasons for it no later than 10 days after a decision is made; and
	(c)         if the alteration is approved — notify the resident in writing.
5.	A provision that the administering body must include, in its notification to a resident of the approval of an application for an alteration, a statement of the terms and conditions that apply to the approval, which must include the following matters —
	(a)         who is responsible for arranging for the alteration;
	(b)         if the work is to be arranged by the administering body and paid for by the resident, a provision that the work must not commence unless the resident and the administering body have agreed on the cost of the work on the basis of —
	(i)         a written quotation for the work provided by the administering body to the resident; or
	(ii)         if the resident does not agree to that quotation — another quotation obtained by the resident;
	(c)         who is responsible for the cost of maintaining or repairing any fixture or chattel the subject of the approval;
	(d)         the circumstances in which the return of the residential premises to the condition they were in before the alteration took place (having regard to the age and character of the premises) may be allowed or required;
	(e)         who is responsible for the costs of any work required to return the residential premises to the condition they were in before the alteration took place;
	(f)         the circumstances in which the resident may be liable to pay for any damage to the residential premises caused by the carrying out of the alteration or the work to return the premises to the condition they were in before the alteration took place.

        (2)         However, the provisions listed in items 1 and 3 of the Table to subregulation (1) do not apply to a residence contract if the residence contract is a short‑term residence contract.

        [Regulation 7G inserted: Gazette 24 Mar 2015 p. 1016‑19; amended: Gazette 23 Mar 2016 p. 865.]