Western Australian Repealed Regulations

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This legislation has been repealed.

FAIR TRADING (RETIREMENT VILLAGES CODE) REGULATIONS 2003 - NOTES

Appendix 1 — Checklist for prospective resident

It is important for you to carefully read and consider the following questions before deciding to enter any retirement village. If, after reading through the list, you are uncertain as to any aspects of the village, or its suitability for you, seek further advice.

1. Have I fully discussed my decision to enter a retirement village with my family, friends or adviser?

2. Can I afford to move into the village I have chosen and meet the current and future ongoing costs of living in this village? What are the financial consequences for me if I wish to move out of the village? Have I sought independent advice from a licensed financial adviser on these matters?

3. If I am considering moving to a retirement village because the housework, gardening and general maintenance has become too much, have I fully considered other options? For example, obtaining home help or handyperson help, or moving to a smaller unit in the same neighbourhood.

4. If I am considering moving to a retirement village because I have recently lost my partner, have I given myself enough time to grieve before I make a major lifestyle change?

5. Have I received adequate information about the retirement village I have chosen? Have I shown the documents to a solicitor? Am I satisfied that I fully understand the contract that I am signing?

6. Am I comfortable that the lifestyle of the village (including social activities and religion) will suit me? Have I spoken to any residents of the village?

7. Will the village and my unit be readily accessible if I become disabled and need a wheelchair or walking aid? What alternatives do I have if I am no longer able to live alone?

8. Does the village provide personal care or nursing care, an emergency call system and other amenities that are likely to meet my present or future needs?

9. Have I looked at a number of villages to compare the amenities (e.g. recreational, transport, gardens etc.) and financial arrangements?

10. Is the village I have chosen accessible to my friends and family?

11. Can I take my own furniture to the village and, if so, will it be suitable?

12. Before I sign the contract, have I received and considered all the information required to be given to me under the Code of Fair Practice for Retirement Villages 2003 and the Retirement Villages Act 1992?

Appendix 2 — Model proposed operating budget form

[cl. 5.3(4)]

.................................................. (insert name of village)

PROPOSED BUDGET FOR ..............(insert next year)



BUDGET


.................

(insert current year)

ACTUAL


.................

(insert current year)

PROPOSED BUDGET

..................

(insert next year)

INCOME

Residents’ fees




Donations




Other (insert as appropriate)




TOTAL INCOME





EXPENDITURE

Amenities:

Council rates




Insurance




Pest control




Rubbish removal




Village security




Utilities:

Water rates




Electricity




Gas




Repairs & Maintenance:

Staff costs




Materials




Contractors




Grounds Maintenance:

Staff costs




Materials




Contractors




Management & Administration:

Staff costs




Management fees




Bank fees




Accounting fees




Audit fees




Advertising




Printing & stationery




Telephone




Miscellaneous




Vehicles:

Registration




Insurance




Repairs




Fuel




TOTAL EXPENDITURE





PROPOSED SURPLUS/DEFICIT




EXPENDITURE THAT IS AN APPORTIONMENT OF TOTAL EXPENDITURE RELATING TO THE VILLAGE AND ANOTHER VILLAGE OR BUSINESS: (delete if not applicable)

The amount of $ ........... (specify)in respect of ..................... (specify the nature of the expenditure)is an apportionment of the total expenditure relating to ................................................... (specify the other village or business concerned)and was apportioned according to the following method/calculation (delete whichever is not applicable) —

.....................................................................................................................

.....................................................................................................................

.....................................................................................................................

(specify the method or calculation used to apportion the expenditure)

Appendix 3 — Model quarterly income and expenditure statement

[cl. 5.4(2)]

..................................................(insert name of village)

INCOME AND EXPENDITURE STATEMENT FOR QUARTER ENDED ................. (insert date)



QUARTER

YEAR-TO-
DATE

ANNUAL BUDGET

INCOME

Residents’ fees




Donations




Other (insert as appropriate)




TOTAL INCOME





EXPENDITURE

Amenities:

Council rates




Insurance




Pest control




Rubbish removal




Village security




Utilities:

Water rates




Electricity




Gas




Repairs & Maintenance:

Staff costs




Materials




Contractors




Grounds Maintenance:

Staff costs




Materials




Contractors




Management & Administration:

Staff costs




Management fees




Bank fees




Accounting fees




Audit fees




Advertising




Printing & stationery




Telephone




Miscellaneous




Vehicles:

Registration




Insurance




Repairs




Fuel




TOTAL EXPENDITURE





SURPLUS/DEFICIT




Appendix 4 — Model reserve fund quarterly income and expenditure statement

[cl. 5.4(2)]

.................................................. (insert name of village)

RESERVE FUND INCOME AND EXPENDITURE STATEMENT FOR QUARTER ENDED ................. (insert date)


BALANCE



OPENING BALANCE (as at ..................... (insert date))



INCOME

Residents’ contributions


Interest


Other (insert as appropriate)




TOTAL INCOME


Sub Total




EXPENDITURE

Units:

Painting


Plumbing


Electrical


Replacements


Other (specify)



Amenities:

Painting


Plumbing


Electrical


Replacements


Other (specify)



Infrastructure:

Power


Sewer


Roads


Landscaping


Other (specify)



TOTAL EXPENDITURE



CLOSING BALANCE (as at .................. (insert date))


Appendix 5 — Form of appointment of proxy

[cl. 5.12(7)]

I, ......................................................
(insert name)

being a resident of / the personal representative of ............................................. , (insert name of resident)

a resident of (delete whichever is not applicable)

........................................................

........................................................

........................................................
(insert address in village)

appoint

........................................................
(insert name of proxy holder)

of

........................................................

........................................................

........................................................
(insert address of proxy holder)

as my proxy to vote on my behalf at the meeting of residents on ....................
(insert date of meeting)

I authorise my proxy to vote on my behalf in respect of (delete whichever is not applicable) —

              • All matters raised at the meeting that require, or provide for, a vote of the residents, at my proxy’s discretion.

              • The following matters only —

...............................................................................................................

...............................................................................................................

...............................................................................................................

...............................................................................................................

...............................................................................................................
(specify the matters and any limitations on the manner in which you want
your proxy to vote)

.........................................................................................
Signature of resident / resident’s personal representative
(delete whichever is not applicable)

Signed this ............................. day of ......................................... 20 ..........

Notes:

1. A person who may be appointed as a proxy includes a spouse, another resident, a relative, friend or other person, but no person may hold more than 5 proxies at the same time.

2. The Code does not allow a person who is a representative or close associate of the administering body, or a person nominated by the administering body, to hold or exercise a proxy on behalf of a resident, unless the resident is a relative of such a person.

3. This appointment is effective only if this form is completed and given to the chairperson of the meeting at which the proxy is to vote before any vote is taken.

4. This form does not authorise voting on a matter if the person appointing the proxy is present at the relevant meeting and personally votes on the matter.

5. This appointment terminates after the meeting at which the proxy is authorised to vote.

6. The person who made this appointment may, at any time prior to the exercise of a proxy vote, revoke the appointment by giving written notice to —

              • the person appointed as the resident’s proxy; and

              • the chairperson of the meeting at which the proxy was to vote.

Notes

1 This is a compilation of the Fair Trading (Retirement Villages Code) Regulations 2003. The following table contains information about those regulations.

Compilation table

Citation

Gazettal

Commencement

Fair Trading (Retirement Villages Code) Regulations 2003

9 Sep 2003 p. 3971-4033

1 Oct 2003 (see r. 2)

These regulations were repealed by the Fair Trading (Retirement Villages Code) Regulations 2006 r. 5 as at 1 Oct 2006 (see Gazette 22 Sep 2006 p. 4156)





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