Retirement Villages Act 2012
162Residents’ consent to spending
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162 Residents’ consent to spending (1) The operator of a retirement village must seek the residents’ consent to the spending stated in the proposed annual budget for the village. (3) An operator of a retirement village is taken to have complied with subsection (1) if the operator— (a) provides a notice as required by section 159 (6) (a) (Proposed annual budget); and (b) includes a statement mentioned in section 159 (7). (4) The operator must give any information in relation to the proposed spending that the residents committee for the retirement village (or, if there is no residents committee, a resident) reasonably asks for, for deciding whether to consent to the budget.
(5) Without limiting subsection (2), it is reasonable for the residents committee or a resident to ask to see quotations for any work proposed to be carried out, or for any service or facility proposed to be provided, at the retirement village. (6) The residents must, within 30 days after receiving a request for consent to a proposed annual budget (or an amended budget)— (a) meet, consider and vote on the budget; and (b) tell the operator whether they consent or do not consent to the budget; and (c) if the residents do not consent to the budget—state which item in the budget they object to. (7) The residents are taken to have refused to consent to the budget— (a) if the operator fails to seek the residents’ consent to the budget; or (b) if the residents fail to tell the operator whether they consent or do not consent to the budget. (8) If the operator operates more than 1 retirement village, the operator must deal with each village separately under this section. (9) The requirements in this section are in addition to the requirements that the operator of a retirement village that is subject to a units plan must comply with under the Unit Titles (Management) Act 2011, section 17 (Owners corporation—general meetings) in relation to a general meeting of the owners corporation for the village. (10) To remove any doubt, consent by residents to the amendment of recurrent charges under a village contract is not consent to spending stated in a proposed annual budget for the village under this section.