New South Wales Consolidated Acts

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Residents' consent to variation

107 Residents' consent to variation

(1) A variation does not take effect under section 106 unless--
(a) the 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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