New South Wales Consolidated Acts
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RETIREMENT VILLAGES ACT 1999 - SECT 107
Residents' consent to variation
(1) A variation does not take effect under section 106 unless--
residents whose recurrent charges will be affected by the variation consent to
the variation, or
(b) the Tribunal orders under section 108 that the
variation take effect.
(2) The residents concerned must, within 30 days after
receiving a notice under section 106--
(a) meet, consider and vote on the
proposed variation, and
(b) advise the operator that they consent, or do not
consent (as the case may be) to the variation.
(3) If the operator is not
advised as required by subsection (2) (b), the residents are taken to have
refused consent to the variation.
(4) The operator must provide such
information in relation to the proposed variation as the Residents Committee
(or, if there is no Residents Committee elected for the village, any resident)
reasonably requests for the purpose of deciding whether consent should be
given to the variation.
(5) If the operator of a retirement village fails to
provide information requested under subsection (4) within the time prescribed
by the regulations, the Residents Committee (or a resident of the
retirement village) may apply to the Tribunal for (and the Tribunal may make)
an order requiring the operator to provide the residents with the information
specified in the order.
(6) The regulations may prescribe--
(a) the period
within which information requested under subsection (4) must be provided, and
(b) information that the operator of a retirement village is not required to
provide despite a request under subsection (4).
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