Div 4Residents' committees

Division 4—Residents' committees 38—Residents' committees (1) The residents of a retirement village may elect a residents' committee. (2) The function of a residents' committee is to consult with the operator of the retirement village, or a representative of the operator, in relation to matters of interest to residents and to represent the interests of the residents. (3) Only 1 residents' committee may be established in a retirement village and only a resident of the retirement village may be a member of such a committee. (4) If more than 1 body or committee (regardless of its name) purports to be the residents' committee in a particular retirement village, the operator or a resident of the village may apply to the Tribunal for (and the Tribunal may make) an order determining which body or committee (if any) is the residents' committee for the village. (5) Each member of a residents' committee will hold office for 1 year from election but is eligible for re‑election. (6) A member may be removed from office by a special resolution at a meeting of the residents. (7) The members of a residents' committee must ensure that the operator is provided with sufficient information about the membership of the committee and the manner in which the operator may contact members of the committee (or a representative or representatives of the committee). (8) If subsection (7) is not complied with, each member of the residents' committee is guilty of an offence. Maximum penalty: $1 500. Expiation fee: $105. (9) Subject to the regulations, a residents' committee may— (a) determine its own procedure; and (b) appoint sub-committees and determine their procedures. (10) An operator must not— (a) discourage or prevent the appointment of a committee under this section; or (b) obstruct a committee in the performance of its functions. (11) If a residents' committee reasonably requests a meeting with the operator by written notice setting out the time, place and business agenda of the meeting, the operator must attend the meeting (or ensure that a representative of the operator authorised to speak on behalf of the operator attends the meeting). (12) If an operator reasonably requests a meeting with the members of a residents' committee (or a representative or representatives of a residents' committee) by written notice setting out the time, place and business agenda of the meeting, the members of the residents' committee (or a representative or representatives of the residents' committee) must attend the meeting. (13) If a contravention of subsection (12) occurs, each member of the residents' committee who is in default is guilty of an offence. (14) A member of a residents' committee, or a sub‑committee appointed by a residents' committee, incurs no civil liability for an act or omission in good faith in the exercise of functions under this section. (15) The regulations may make provision for or with respect to the election, functions and procedure of residents' committees and sub‑committees including, without limitation— (a) imposing requirements in relation to the holding of meetings of residents under Division 3 for purposes relating to a residents' committee; and (b) prescribing model rules that may be adopted by a residents' committee; and (c) imposing requirements in relation to record keeping, audit or other matters relating to a residents' committee. 39—Mandatory consultation with residents' committee in relation to annual budget (1) Subject to subsection (2), if— (a) there is a residents' committee in relation to a retirement village; and (b) the committee has provided the operator with the information referred to in section 38(7), the operator must, before any annual meeting is held, convene at least 2 meetings with the members of the residents' committee to discuss the matters set out in section 33(6)(a). (2) However, the meetings, or either 1 of the meetings, required by subsection (1) need not be convened if the residents' committee has advised the operator, in writing, that it does not require the meetings or meeting (as the case may be) to be held. (3) A meeting required under this section will be convened by sending to each member of the residents' committee, at least 10 business days before the date of the meeting, a written notice setting out the time, place and business agenda of the meeting. (3a) The business agenda of a meeting must include a summary of the matters set out in section 33(6)(a) to be discussed at the meeting and be accompanied by the statements and information on which the summary is based (and for that purpose it does not matter whether or not those statements and information are in their final audited form). (4) A meeting under this section must be chaired by the operator or by a representative of the operator who is authorised to speak on behalf of the operator and to give responses to questions put at the meeting in accordance with the requirements of this section. (5) The operator must ensure that— (a) members of the residents' committee have a reasonable opportunity to put questions to the operator or its representative at a meeting under this section; and (b) questions asked at a meeting under this section are answered— (i) if possible—in reasonable detail at the relevant meeting; or (ii) to the extent that compliance with subparagraph (i) is not possible—before the holding of the annual meeting, either at a subsequent meeting under this section or by the presentation of detailed written answers. (6) Nothing in this section requires an operator, or the representative of an operator, to answer an unreasonable question. (7) If an annual meeting is held without compliance by the operator with this section, the operator is guilty of an offence.