This legislation has been repealed.
CODE OF FAIR PRACTICE FOR RETIREMENT VILLAGES 1993
Foreword
An increasing number of retired people are finding the concept of retirement
villages attractive. These villages exist in a number of forms with a range of
tenures and accommodation types. Different financial arrangements and forms of
contract include: lease, licence, a right conferred by shares, strata title,
or freehold title. Retirement villages also differ widely with regard to the
nature of care facilities available. Given the importance of the decision on
whether to enter a retirement village, and if so which one, it is fitting that
the industry should be regulated by a code of practice.
The Code has been prescribed under the Fair Trading Act 1987 .
The Code has been prepared after extensive consultation with relevant industry
and consumer groups and the Office of Seniors Interests.
The Code and the Retirement Villages Act 1992 provide a package for the
regulation of the retirement village industry that safeguards residents’
rights and provides clear guidelines for the industry. The Code sets out the
practices that apply to the promotion, sale and operation of retirement
villages.
The Code will be reviewed periodically in consultation with the interested
parties and changed where required.
Part 1 of the Code deals with general matters such as the meaning of terms
used in the Code, its application and its relationship to the Strata Titles
Act 1985 and the Fair Trading Act 1987 .
Part 2 sets out the objectives of the Code and principles that should guide
the persons who provide retirement villages and related services.
Part 3 sets out the requirements as to disclosure of information with respect
to advertising promotion, fees, charges and contract information.
Part 4 deals with termination of the contract and the financial aspects of
termination.
Part 5 specifies the duties of village administering bodies and protects
autonomy of residents in respect of personal and financial affairs.
Part 6 recognizes that disputes may occur in a retirement village and outlines
the structures that may be needed to resolve them.
Schedule A sets out certain questions which must be answered by the owner. It
is important that you read the questions and the answers supplied to those
questions by the owner.
The provisions of the Code are mandatory, will be monitored by the Ministry of
Consumer Affairs and can be enforced. The Code applies to all including the
Crown who promote, develop, sell or administer, a retirement village.
This Code may be cited
as the Code of Fair Practice for Retirement Villages 1993.
In this
Code —
“date of the contract’” means
the day on which the contract was signed by the last party to sign it.
This Code applies to
existing and new retirement villages. Parts 3 and 4 do not apply to any
contract, agreement or arrangement made or entered into prior to this Code
becoming effective unless that contract, agreement or arrangement is silent on
a matter with which the Code deals. In that case, the provisions of the Code
apply.
Where accommodation in
a retirement village is secured by strata title, the provisions of the
Strata Titles Act 1985 also apply.
The provisions of this
Code should be read in conjunction with other relevant legislation. The
Fair Trading Act 1987 is applicable to residence contracts and other
contracts concerning retirement villages.
Part 2 — Objectives and Principles
This Code sets out
what is considered good practice in the promotion, sale and operation of
retirement villages and complements the Retirement Villages Act 1992 .
Objectives of the Code
are to:
— clarify the
rights and obligations of residents and administering bodies in retirement
villages and thereby promote fair trading practices in the provision of
retirement villages and related services;
— facilitate the
disclosure of all information to any interested person to give a clear
understanding of the obligations and entitlements of residents and
administering bodies;
— require
contract documents for retirement village accommodation to contain full
details of the obligations and entitlements of residents and administering
bodies;
— facilitate
resident input into the management of a retirement village;
— establish
appropriate mechanisms for the resolution of disputes between residents and
administering bodies or between residents; and
— encourage
fairness in the development, promotion and provision of retirement villages in
accordance with the Code.
The general principles
guiding all those involved in the provision of retirement villages and related
services are that:
— the well-being
and interests of residents, together with the rights of administering bodies,
shall be given due consideration;
— the freedom of
decision and action of each resident must be restricted as little as possible
and must be recognized in the relationship between a resident and the
administering body of a retirement village;
— the
relationship of residents with their family and past and present communities
is important and must be recognized. This recognition must take account of the
cultural, religious and linguistic background of the resident;
— a resident
must be treated fairly and protected from abuse and exploitation;
— a resident has
the right to complete autonomy over his or her property and personal and
financial affairs.
Part 3 — Disclosure of Information
All promotional or
sales material in respect of a retirement village, whether in written or oral
form, must be honest, accurate and not in breach of any provision of this
Code, the Fair Trading Act 1987 or the Retirement Villages Act 1992
.
Disclosure in Advertising Promotion
All necessary
development consents must be obtained from the relevant authorities before any
sales promotion of a retirement village is undertaken, provided that this does
not preclude the carrying out of a market survey prior to any sales promotion.
Where the development consent includes a requirement that the developer
provide certain services for the life of the development, that requirement
must be disclosed to the prospective resident under this Code.
As nursing homes
require licences to operate, any relevant approvals from the Western
Australian Department of Health or the Commonwealth Department of Health,
Housing and Community Services must be obtained before such facilities are
promoted as being available to or associated with a retirement village.
Where any reference is
made to nursing homes in any promotional or sales material provided by
management of a retirement village, the following statement on the terms of
entry to such facilities printed in 16 point type and boxed must be included
unless the nursing home is fully resident funded:
You should be aware that due to current Commonwealth policy guidelines on
nursing homes admission it is impossible for older people to be guaranteed
admission to a nursing home. |
3.5 Proposed Facilities and Services
Proposed facilities
and services which are referred to in promotional or sales material must state
the date of implementation and any conditions upon which the proposed
facilities and services depend.
Disclosure of Fees, Charges, etc.
3.6 Warming up disclosures before the residence
contract
The owner of
residential premises in a retirement village shall ensure that the following
information is given, in writing, to a person proposing to enter into a
residence contract at least 5 working days before that person enters into the
residence contract:
— a list of
costs payable to enter the village;
— a list of all
periodic charges or fees payable and the method of determining any variation;
— a list of
services provided for those fees and details of any existing service contract
by which the resident will be bound;
— a list of any
additional or optional services provided and their respective cost;
— copies of all
the contracts, or typical examples of all contracts, required to be entered
into in order to reside in the retirement village;
— details of the
costs associated with moving to and living in alternative accommodation within
the village;
— circumstances
in which a resident may be required to move to alternative accommodation
within the village;
— upon request,
a copy of the previous year’s audited accounts of the village (or
villages where more than one village is controlled by the same organization
and separate financial statements are not maintained) if a village is
established, or a detailed operating budget for the village if it is under
construction;
— a copy of
Schedule A to this Code and written answers below each question set out in
that Schedule;
— a copy of the
checklist set out in Schedule B to this Code;
— a copy of the
residence rules (including any by-laws of the body corporate under the
Strata Titles Act 1985 ); and
— a clear
explanation of the refund entitlement, if any, if the contract is terminated.
It must include any fees or commissions charged by the administering body on
termination of a contract and detail the method used to make such
determinations. A prospective resident should then be able to determine the
final return due after say 1, 2, 5 and 10 years. This is to allow a
meaningful comparison between the financial packages offered by different
retirement villages.
3.7 Warming up disclosures before service
contracts etc.
An administering body
shall ensure that the following information is given, in writing, to a
resident proposing to enter into a service contract or any other contract for
the provision of facilities with the administering body at least 5 working
days before that person enters into the contract:
— the costs
payable under the contract, including all periodic charges and fees;
— details of the
services or facilities to be provided under the contract;
— details of the
notice and costs involved in terminating the provision of the services or
facilities.
Contract Information
3.8 Legibility and Presentation Requirements
The residence contract
and any other contract between an administering body and a resident of a
retirement village must:
— be written in
clear, concise and plain English;
— be printed in
a size not less than 12 point type face.
The following
statement must appear in 16 point type and be included in the contract:
I acknowledge that I have been given the opportunity to take a copy of the
contract away and obtain independent advice. |
The residence contract
must fully disclose:
— the legal
basis of the occupancy; and
— the type and
length of tenure secured.
All residence
contracts entered into after the commencement of the Code shall provide for a
cooling-off period of not less than 5 working days after the date of the
contract. If the information referred to in section 13 (2) of the
Retirement Villages Act 1992 is not provided at least 5 days before
a residence contract is entered into, the cooling-off period for that contract
is 10 days after the day on which the information is provided.
During the cooling-off
period a person may withdraw from a residence contract by giving notice in
writing to all other parties to the contract (unless the person has entered
into residence in the retirement village during the cooling-off period). On
withdrawing from a residence contract a person is entitled, subject to the
provisions of section 14 (2) and section 75 of the
Retirement Villages Act 1992 , to full repayment of all moneys paid.
If a hostel unit is
subject to regulations under section 10F of Aged or Disabled Persons
Homes Act 1984 of the Commonwealth, those regulations shall apply in
relation to the payment of refunds.
All residence
contracts must contain a description of the fixtures, fittings and furnishings
which are intended to be, or are provided in the accommodation unit.
The residence contract
documents for a retirement village under construction must contain:
— plans that
show the location, floor plan and significant dimensions of the accommodation
unit;
— plans showing
the location, size and other features of any separate carport, garage, storage
or other area allocated to the resident.
The residence contract
documents for an existing retirement village must identify:
— the specific
address of the residence to permit easy identification;
— facilities
such as carport, garage, storage or other area allocated to the resident.
Contracts between an
administering body and a resident relating to a retirement village must at the
time of purchase:
— state all
services and facilities that are provided by the administering body and state
any separate charge for their use;
— state that
where a service is provided by an independent agency, any potential
restrictions on access to that service (e.g. some services may have
eligibility criteria or waiting lists).
3.13 Accommodation Charges and Refund Provisions
All accommodation
charges (i.e. any payment that is required to secure an accommodation unit in
a retirement village) must be specified in the residence contract together
with a resident’s right to a refund, if any, on termination of the
residence contract.
The contract must
state clearly the method of the calculation of the refund and when it is to be
paid.
If there is no
provision for a full refund (less fair and reasonable administration and sales
and refurbishment costs) within the first 6 months the following words
must appear in the contract and be printed in not less than 16 point typeface
and boxed:
IMPORTANT NOTICE This contract does not provide a full refund, within the first 6 months. |
3.14 Regular Maintenance and Service Charges
The residence contract
and any other contract between an administering body and a resident of a
retirement village must state:
— when
maintenance fees are to be paid and what will be provided for those fees;
— the recurrent
charges for the village’s current financial year and the basis for their
future determination;
— any regular
maintenance or ongoing charges for which the resident will still be
responsible if the resident leaves and the accommodation unit is not re-sold,
released or re-occupied;
— who is
responsible for the cost of replacement and maintenance of fixtures and
fittings related to the accommodation unit.
The residence contract
must contain the following information regarding relocation or transfer of
residents from self-care units to other accommodation units within the
village:
— the
circumstances under which the resident can transfer or be relocated;
— the financial
arrangements which would apply in the event of such a transfer; and
— who is
responsible for any regular maintenance or ongoing charges levied against the
accommodation unit from which the resident will have moved.
3.16 Fees payable on termination of contracts
All fees which are
payable by a resident on the termination of the residence contract shall be
clearly set out in the residence contract and in the answers to Schedule A.
This shall include who is responsible for regular maintenance and other
charges during a period of vacancy.
3.17 Code of Practice and
Retirement Villages Act 1992
The residence contract
must draw the resident’s attention to the existence of this Code and the
Retirement Villages Act 1992 and clearly disclose the right of a resident
to:
— have disputes
heard by the retirement village’s Village Disputes Resolution Committee;
— make
complaints to the Ministry of Consumer Affairs for investigation and attempted
resolution;
— in some cases,
have access to the Retirement Villages Disputes Tribunal should the dispute
remain unresolved; and
— rely on the
provisions of this Code to have input into administration.
[Clause 3.17 amended in Gazette April 1993
p.2033.]
Part 4 — Termination of Contracts
Retirement villages
are clearly marketed by the industry as permanent accommodation for residents
of such villages. Therefore a residence contract may be terminated only in a
limited number of circumstances, as set out in the
Retirement Villages Act 1992 or in the contract.
An administering body
cannot terminate a residence contract. Subject to the provisions of the
Retirement Villages Act 1992 , an administering body may apply to the
Tribunal to terminate a residence contract on any of the following grounds:
— that the
resident’s physical or mental health is such as to make the residential
premises unsuitable for occupation by the resident;
— that the
resident has breached the residence contract or the residence rules and has
failed to rectify that breach;
— that the
resident has intentionally or recklessly caused or permitted, or is likely
intentionally or recklessly to cause or permit serious damage to the
residential premises or injury to the administering body, an employee of the
administering body or another resident;
— that the
administering body would, in the special circumstances of the case, suffer
undue hardship if the contract were not terminated.
The residence contract
must contain a statement of the Tribunal’s powers to terminate a
residence contract and a statement that the administering body cannot
terminate the contract.
Where an administering
body of a retirement village seeks an order to terminate a residence contract
it must:
— give the
resident 14 days written notice of its intention to apply to the Tribunal
for an order terminating the contract;
— if the
termination is being sought due to a breach of the residence contract or
residence rules, specify the breach and give the resident the opportunity to
rectify that breach within a reasonable and specified time;
— ensure that a
notice of termination clearly states that the contract cannot be terminated
without an order by the Tribunal; and
— advise the
resident of his or her right to occupy the accommodation unit until a date
fixed by the Tribunal.
The manner in which a
resident may terminate a residence contract after the expiration of the
cooling-off period shall be set out in the contract. The maximum period of
notice that an administering body may require of a resident or from the estate
is 30 days written notice of intention to terminate the contract.
[Clause 4.4 amended in Gazette April 1993 p.2033.]
Where a residence
contract has been terminated by the resident in accordance with the residence
contract and where the resident does not have the right to appoint or nominate
his or her own agent for the purpose of disposing of his or her interest in
the accommodation unit, the administering body must pay the resident any money
due under the contract:
— within
7 days of the succeeding resident taking occupation; or
— in any other
case within 45 days of the day on which the resident ceases to reside in
the accommodation unit,
whichever occurs
first.
Where a residence
contract has been terminated by the Tribunal, the Tribunal will fix a date by
which the resident must vacate the premises.
This in no way affects
the rights of the administering body to set terms and conditions on the
disposal of the resident’s interest in the accommodation unit pursuant
to the contract where the resident has the right to appoint his or her own
agent.
Where a residence
contract has been terminated by the Tribunal, the Tribunal may make an order
for the payment or refund of money by the administering body to the resident
or by the resident to the administering body.
If a hostel unit is
subject to the Aged or Disabled Persons Homes Act 1984 of the
Commonwealth and in particular section 10F of that Act, the period within
which the refund is to be paid is determined under the relevant Commonwealth
regulation.
5.1 Administering body’s obligations
An administering body
must create appropriate structures and procedures to provide residents with
access to management information and allow input into the future planning and
budgeting of a retirement village. Residents may choose the extent to which
they wish to participate in the affairs of the retirement village in
accordance with the structures provided by the administering body.
Such structures must
allow for:
— an Annual
General Meeting of residents for each village within 5 months after the
end of each financial year. Where more than one village is controlled by the
same organisation, this requirement may be satisfied by each village holding
its own meeting;
— the
administering body to provide a clear written presentation of the financial
position of the village or villages where more than one village is controlled
by the same organisation and separate financial statements are not maintained.
This should include information explaining fee increases, upgrading of
facilities and any changes or additions to existing services;
— the
presentation of audited accounts to residents upon request;
— input into the
budget for each financial year;
— input by
residents into any change to services or facilities, which involve either
increased costs to residents (beyond those agreed to in the retirement
village’s budget) or may lead to the loss of amenity by residents;
— input by
residents into any plans for expansion of the village;
— input by
residents into proposals for the upgrading of buildings, fixtures or fittings
where residents are financing either the whole or part of the capital or
recurrent costs of the work;
— the formation
of a Disputes Committee;
— input into the
formation or variation of any set of residence rules.
Each retirement
village must establish a set of residence rules (which may consist of strata
scheme by-laws) covering the obligations of residents to help maintain an
acceptable quality of life for all in the village. The rules must be in
sufficient detail to provide the means to avoid and resolve disputes.
A resident has a basic
right to privacy in his or her personal accommodation unit, which must be
respected by management. An administering body of a retirement village has the
responsibility of facilitating a resident’s quiet enjoyment of both
personal and communal amenities.
This right of privacy
is subject to the right of an administering body to inspect the premises as
set out in the residence rules and the residence contract.
5.4 Autonomy over personal and financial affairs
and personal property
A resident has the
right to complete autonomy over his or her personal and financial affairs and
personal property. A resident must be given access, upon request, to his or
her personal records held by an administering body.
It is recognized that
in any communal living situation such as a retirement village where facilities
are shared, disputes between residents and an administering body may arise
from time to time. This Code places particular emphasis on providing easy
access to an informal and inexpensive forum to resolve disputes. However,
there always remains an obligation on the parties to a dispute to attempt to
resolve the dispute themselves.
The general aim should
be to settle disputes at local level. The structures for settling disputes
should start at the Village Disputes Resolution Committee. Parties may seek to
negotiate through the Ministry of Consumer Affairs or seek a determination by
the Tribunal.
6.2 Village Disputes Resolution Committee
Many disputes are due
to simple misunderstandings or lack of suitable information. To assist in
resolving these types of problems, the Ministry of Consumer Affairs provides
an information and mediation service to administering bodies and residents to
assist in the resolution of disputes.
If an administering
body has not already convened a Village Disputes Resolution Committee
constituted in accordance with this Part, the administering body is required
to convene a Village Disputes Resolution Committee —
(a)
within 90 days of the commencement of this Code; or
(b)
within 10 days of a dispute occurring,
whichever is earlier,
and, in the case of an administering body which commences operations after the
coming into operation of this Code the Village Disputes Resolution Committee
is required to be convened within 90 days of the first resident entering
into occupation of the retirement village.
The purpose of the
Village Disputes Resolution Committee is to hear and mediate disputes within
the village.
6.3 Composition of the Village Disputes Resolution
Committee
The Village Disputes
Resolution Committee shall consist of a panel of 3 persons
being —
— a person
appointed by residents;
— a person
appointed by the administering body; and
— an independent
person agreed to by the resident and the administering body appointees.
Where residents or the
administering body, or the resident and the administering body appointees, as
the case requires, fail to appoint a person to a Village Disputes Resolution
Committee within 10 days after being required to do so —
(a) in
the case of a person to be appointed by the residents, the residents shall
obtain from the Ministry of Consumer Affairs a list of persons willing to be
so appointed;
(b) in
the case of a person to be appointed by the administering body, management
shall obtain from the Retirement Villages Association or Aged Care Australia a
list of persons willing to be so appointed;
(c) in
the case of an independent person, the administering body shall obtain from
the Office of Seniors Interests a list of persons willing to be so appointed.
Where residents or the
administering body or the resident and the administering body appointees, as
the case requires, fail to appoint a person to a Village Disputes Resolution
Committee within 10 days after receiving a list of persons willing to be
so appointed, the Minister may appoint a person from that list to the
Committee and any person so appointed shall be deemed to have been nominated
in accordance with this clause.
The administering body
and residents must determine the charter of the Village Disputes Resolution
Committee. Where the administering body and residents have not agreed on a
charter, the standard charter prepared by the Ministry of Consumer Affairs
shall be deemed to be the charter. Where a dispute arises within the charter,
either a resident or the administering body may apply to the Village Disputes
Resolution Committee to have the matter heard. The Committee must meet as soon
as possible after being notified of a dispute and hear the dispute in
accordance with its charter. The Committee must advise the parties of its
decision, in writing, within 10 days of the hearing.
If the Village
Disputes Resolution Committee determines that a dispute cannot be resolved by
it, it must advise the applicant to apply to the Ministry of Consumer Affairs
or the Tribunal.
If the matter is not
resolved by the Village Disputes Resolution Committee, either party may seek
the assistance of the Ministry of Consumer Affairs whose officers will attempt
conciliation.
Following a decision
by the Village Disputes Resolution Committee either party may still apply to
the Tribunal for a hearing. The details of the Tribunal’s powers are
contained in the Retirement Villages Act 1992 .
Schedule A
EACH OF THE FOLLOWING QUESTIONS IS TO BE ANSWERED IN WRITING BY THE OWNER
BELOW EACH QUESTION
1. What costs will be payable to enter the
retirement village?
2. What periodic charges or fees will be payable
and what method is used to determine these fees? What are the components of
the maintenance fee?
3. What services will be provided for the fees
payable?
4. What additional or optional services are
provided and at what cost?
5. What costs are associated with moving to and
living in alternative accommodation within the village?
6. In what circumstances would the prospective
resident be required to move to alternative accommodation within the village
or be transferred or re-located?
7. What is the refund entitlement if the residence
contract is terminated? (include any fees or commissions charged by the
administering body on termination of the contract and detail the method used
to make the determination)
8. Does the prospective resident have to supply a
medical certificate or report to certify his/her ability to live
independently?
9. Will the prospective resident have to provide
documentation of his/her medical conditions and medications?
If so, who will have access to it?
10. What restrictions will there be on the
resident in the use of his/her accommodation unit and the village facilities
in regard to —
— having someone
else live with him/her?
— having
visitors, including short stay guests?
— car parking?
— pets?
11. What type of public, private or village
transport is available to residents?
12. If the accommodation unit is still under
construction, can the prospective resident have input into the design,
construction or furnishings of his/her unit?
13. Under what conditions can the residence
contract be terminated and at what cost? (The conditions must include the
procedures to be followed under the Retirement Villages Act 1992 .)
14. What arrangements exist for residents to have
input into management of the village, including the making of village rules
and the setting of fees and charges?
15. What protection will the prospective resident
have against a loss of rights (including accommodation rights) if the village
is sold to another organisation?
16. Can the prospective resident be liable for any
additional or extraordinary charges?
If so, under
what circumstances?
17. Are there any restrictions on the sale of an
accommodation unit (e.g. sole agency)?
What
happens if there is a dispute over the sale price?
18. What are the qualifications and experience of
the retirement village’s senior management?
19. What are the rights of the prospective
resident to compensation for capital improvements made to the accommodation
unit at the resident’s expense?
20. What entitlement does a resident have to a
refund of deposit monies if a village, planned or under construction, is not
completed?
21. By what percentage did the maintenance fee
increase during the previous financial year?
22. What provision is there for a sinking fund for
major maintenance and replacement?
23. Is there a service contract already in
existence which will bind the resident? How can the service contract be varied
or cancelled?
24. What are the arrangements and fees for any
necessary insurance cover?
25. Is there an emergency call system?
If so, when is it monitored?
How much does it cost?
Who is responsible for
responding to the calls?
In the event of an
emergency who will be called?
If hospitalisation
is required where will a person normally be taken?
26. If hospitalisation or nursing care is
required, how long will the resident’s accommodation unit be kept in the
name of the resident?
27. In the event that hospitalisation or nursing
care is required, what ongoing costs would the prospective resident incur with
his or her existing unit?
[ Schedule A amended by Gazette
8 April 1993 p.2033.]
Schedule B
CHECKLIST FOR RESIDENTS
It is important for you to carefully read and consider the following questions
before entering a retirement village, as entry into a retirement village may
require you to make a substantial financial commitment and may significantly
alter your lifestyle.
This checklist is to be used as a guide only and should not deter you from
seeking further advice.
General
1. Why do I wish to move from my existing home?
2. Am I moving because of recent bereavement and
have I allowed enough time before making the decision to move?
3. Will the lifestyle in the village necessarily
suit me?
4. Have I considered other retirement village
options or buying a smaller unit in my present neighbourhood?
5. Am I moving to be near my family?
If they move away, how easy will it be for me to move out of the
village and what are the financial implications?
6. Have I talked to residents living in the
retirement village or would I prefer to find out first-hand the details of
this type of living?
7. Is the chosen village accessible to my friends
and family?
8. How is the village managed?
Is there resident participation?
9. Have I examined the retirement villages Code of
Fair Practice for Retirement Villages 1992 which is part of the information
package to which I am entitled?
10. May I take my own furniture?
Will it be suitable?
Health and Welfare Concerns
11. Will I be requested to supply a medical
certificate or report to certify my ability to live independently?
12. Will I need to agree to a medical examination
as a condition of entry?
13. If housekeeping and meal services are
available, what are the costs?
14. What nursing or personal care services are
provided?
What are their costs?
15. Do I have an effective emergency call system?
If so when is it monitored? How much does it cost?
Who is responsible for responding to the calls?
16. If the village has its own medical consultant,
how often does he/she attend?
May I retain my own
medical consultant?
17. If I am hospitalised or need nursing care, how
long will my accommodation unit be kept in my name?
18. If I am temporarily hospitalised or need
nursing care, what ongoing costs would I incur with my existing unit?
19. Have I sought advice from the Residential
Programs Branch of the Commonwealth Department of Health, Housing and
Community Services to determine whether a nursing home or government
subsidised hostel has been approved within or near the location of the
retirement village?
Activities and Amenities
20. What recreational facilities are provided?
Are they free?
21. May I have friends to stay and are there any
conditions governing their stay?
22. Are pets permitted?
23. What type of public or private transport is
available?
24. Is there a garden area for my use?
If so, who looks after it?
Building and Construction
25. If the village is planned or under
construction, what guarantee do I have that it will be completed as proposed?
26. Is there any opportunity for the accommodation
unit to be modified prior to completion?
27. Who is responsible for maintenance?
28. What is the cost of maintenance?
29. Are carpark and storage facilities provided?
Are they included in the initial cost?
30. What are the security arrangements?
31. In the event that I become disabled, is the
building accessible by wheelchair?
32. What design features are related to frailty in
the accommodation unit and the village?
33. What building modifications or capital
improvements am I permitted to make?
Am I entitled
to any compensation for capital improvement upon termination of the residence
contract?
34. What insurance cover do I need to arrange?
35. What insurance cover is there on common
property?
Financial Matters
36. Have I considered all the financial
implications of the scheme?
37. Have I sought independent advice?
38. When I vacate my accommodation unit, when can
either I or my estate expect to receive a refund?
39. Is the accommodation unit capable of being
sold or transferred?
What restrictions are there?
40. Is a deposit requested on the accommodation
unit?
41. What security do I have over my deposit?
42. Under what circumstances will my deposit be
refunded?
43. Do I understand how the maintenance fee is
calculated?
44. How will increases to the maintenance fees be
calculated?
45. Will I be able to afford maintenance/service
fees?
46. Do I need to request a copy of the
village’s audited accounts or a detailed operating budget if the village
is under construction?
47. Will my occupancy prevent me from obtaining
any government concessions and/or care services?
Legal Implications
48. Do I understand the legal obligations under
the agreement?
Do I need to seek separate legal
advice?
49. Before I sign the contract, have I received
all the information required to be given to me under the Fair Trading
(Retirement Villages Code) Regulations 1993 and the Retirement Villages
Act 1992 ?