Retirement Village Refurbishments & Changes - Know your rights!

The for-profit retirement village industry developed rapidly in the 1970s and 1980s when commercial operators entered the sector. Accordingly, buildings in many villages are at the stage where they are starting to require replacement or refurbishment.

To enable this to happen, a village operator may need to relocate a resident to another unit or to another village. The operator cannot change the resident’s contract to achieve this unless an independent lawyer provides a certificate that the resident consents to the change.

During 2016 Emil Ford Lawyers has been asked to assist residents to understand their rights in these situations.

"... a village operator may need to relocate a resident to another unit or to another village."

 Change of facilities

Updating villages may also involve changing the facilities or services that the village operator provides for residents generally. In this case the operator can only make the change if 75% of the affected residents agree by a special resolution under the Retirement Villages Act. It is not always clear whether what is being changed is a “service” or “facility” that requires a special resolution. Emil Ford Lawyers has advised residents in these cases.  

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