Part 3 Village contracts and village rules
13 Amount payable for legal and other expenses
For the purposes of section 31 (3) of the Act, the maximum amount payable by a resident for legal and other expenses incurred by the operator in connection with the preparation of a village contract is $200.
(1) The operator, or an agent or employee of the operator, must inspect the premises and complete the condition report in accordance with this clause.Maximum penalty: 10 penalty units.
(2) For the purposes of section 38 (2) of the Act, the condition report must be in the form set out in Part 2 of Schedule 1.(3) The report is to be completed in the presence of the prospective resident or a person nominated by the prospective resident, unless otherwise authorised in writing by the prospective resident.(4) The report must be completed to the best of the operator’s knowledge (or, if the inspection is carried out by an agent or employee of the operator, to the best of that agent’s or employee’s knowledge).(5) If a required date is not known, an approximate date must be given and identified as such.(6) No less than 14 days must be allowed for the prospective resident (or the prospective resident’s nominee) to examine the report and suggest changes to it.(7) The report must be signed by the operator (or, if the inspection is carried out by an agent or employee of the operator, by that agent or employee). The prospective resident (or the prospective resident’s nominee) must also sign the report if he or she agrees with it.(8) For the purposes of section 38 (2A) of the Act, the condition report must be completed and provided to the prospective resident (or the prospective resident’s nominee):(a) at least 14 days before the operator and the prospective resident enter into a village contract, or(b) if the premises are still being constructed, 14 days before the prospective resident occupies the premises.
15 Contents of village contracts
(1) For the purposes of section 42 (1) of the Act:(a) the matter that is to be included in a village contract is the matter set out in Schedule 2, and(b) the matter that is to be excluded from a village contract is the matter set out in Schedule 3.(2) This clause does not prevent the inclusion of any additional matter in a village contract (other than the matter set out in Schedule 3 or matter that is inconsistent with the matter set out in Schedule 2).(3) This clause applies to all village contracts other than residence contracts relating to premises that are subject to a community land scheme, company title scheme or strata scheme.(4) However, this clause applies to residence contracts referred to in subclause (3) if the operator of the village (or a close associate of the operator) is the vendor under the residence contract concerned.
For the purposes of section 46 (2) (i) of the Act, village rules may relate to the following matters:(a) security in the retirement village concerned,(b) the external appearance of residents’ premises in the village.