The Retirement Villages Act 1992 aims to protect the interests of residents and intending residents of retirement villages, and to enable the development of retirement villages under a legal framework that's easy for residents, intending residents and operators to understand.
We have not included the entire Retirement Villages Act here, only a summary of those sections required in the Pre-Contractual Disclosure booklet.
The complete Act can be purchased from the State Law Publisher; Ground Floor, 10 William St, Perth; Phone (08) 9321 7699 or downloaded from
www.slp.wa.gov.au
- Statutory Information Statement (FORM1)
Under section 13(2) of the Act, the owner of the residential premises in a Retirement village is required to provide information to a person at least 10 working days before that person enters into a residence contract.
This information takes the form of Questions and Answers and covers areas such as:
- Payment of premium and refund entitlement
- Charges for village operating costs
- Budget surplus
- Reserve funds
- Resident funded capital improvements
- Amenities and services
- Existing service contract
- Insurance
- Village management
- Resident consultation
- Residents voting rights
- Use of residential premises
- Spouse or de facto partner occupancy rights
- Transport
- Medical certificate requirements
- Emergency call procedures
- Hospitalisation
- Moving
- Village under construction
- Refund of deposit
- Sale of village
- Restrictions on sale of residential premises
- Repair and refurbishment of residential premises
- Termination of contract
- Notice of Rights Under Section 13 and 14 of the Retirement Villages Act 1992 (FORM 2)
Under Section 13
- A residence contract shall be in writing
- At least 10 working days before a person enters into a residence contract they must have – Form 1, Form 2, a copy of the residence rules and a copy of any applicable code
- A residence contract is taken to include a warranty as to the correctness of the information.
Under Section 14
Pertaining to rescission of a residence contract
- Excerpts from the Retirement Villages Act 1992; Regulations 7 and 8 regarding ‘Disposal of Abandoned Goods’
- Disposal of abandoned goods
- Proceeds of sale of abandoned goods