85Operator’s concern that amendment will impose

85 Operator’s concern that amendment will impose additional cost (1) This section applies if the operator of a retirement village considers that a proposed amendment of the village rules to which the residents have consented under section 83 (Proposed amendment of village rules) will impose a cost on the operator additional to that allowed for in the approved annual budget. (2) The operator must seek the residents’ consent to a proposed amendment of the approved annual budget. Note Div 7.4 provides for proposed and approved annual budgets. Section 167 allows an operator to seek the residents’ consent to a proposed amendment of the approved annual budget if unforeseen requirements for expenditure arise. (3) Section 163 (ACAT orders—decisions about spending) does not apply in relation to a consent sought under this section. (4) If the residents refuse to consent to the proposed amendment of the approved annual budget, the operator may apply to the ACAT for an order in relation to the proposed amendment. (5) On application, the ACAT may, after considering the circumstances of the case, order that the approved annual budget— (a) be amended as stated in the order; or (b) not be amended. (6) On making the order, the ACAT may also order— (a) that the proposed amendment of the village rules has no effect; or (b) that the proposed amendment of the village rules (or the proposed amendment modified as stated in the order) takes effect from a stated date.

(7) This section does not apply in relation to a retirement village if the residents have consented under section 160 (Residents may consent to not receiving proposed annual budget) to not being supplied with a proposed annual budget.