143AApplication

143A Application

(1) This Part applies to an owners corporation incorporated in respect of land used or to be used for the purposes of a retirement village within the meaning of the Retirement Villages Act 1986.

(2) A term used in this Part that is defined in section 3(1) of the Retirement Villages Act 1986 has the same meaning given by that subsection.

S. 143B inserted by No. 4/2021 s. 61.

143B Fees

(1) Despite Division 7 of Part 4, the owner of retirement village land used or to be used for the purposes of a retirement village, or a close associate of the owner, who has a majority of lot entitlements of the owners corporation is not entitled to vote on—

(a) a resolution levying annual fees under section 23; or

(b) a special resolution levying extraordinary fees and charges under section 24.

Under section 3(1) of the Retirement Villages Act 1986, retirement village land does not include land in respect of which residence rights are estates in fee simple (i.e. land occupied by a resident as a private residence).

(2) In the case of a special resolution referred to in subsection (1)(b), any reference in Division 7 of Part 4 to the total lot entitlements of all the lots affected by the owners corporation is to be read as a reference to those lot entitlements excluding the lot entitlements of the owner.

S. 143C inserted by No. 4/2021 s. 61.