New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 165

165 Refurbishment under contract in force before commencement of section

(1) If a former occupant whose contract was in force before the commencement of this section is required under the contract to pay for the cost of refurbishment of the residential premises concerned on permanently vacating those premises, the operator of the retirement village--

(a) must, before commencing the refurbishment, supply the former occupant with a work schedule for the refurbishment together with at least 3 quotations of costs for carrying out the refurbishment, and

(b) must negotiate with the former occupant and attempt to come to an agreement as to which quotation should be accepted, and

(c) if agreement cannot be reached, must allow the former occupant to obtain other quotations in an attempt to find a quotation that is acceptable to both the operator and the former occupant, and

(d) must ensure that the former occupant receives a fully-itemised account for the carrying out of the refurbishment, and

(e) must not accept or demand any payment for the carrying out of the refurbishment until the refurbishment is complete.

: Maximum penalty--50 penalty units.

(2) If the operator and the former occupant cannot find a quotation that is acceptable to both of them (as referred to in subsection (1) (c)), either of them may apply to the Tribunal for (and the Tribunal may make) an order directing acceptance of one of the quotations.

(3) Despite subsection (1), the operator is not obliged to obtain quotations of costs for carrying out the refurbishment if the former occupant agrees that the refurbishment is to be carried out by tradespersons who ordinarily carry out maintenance of the village.

(4) If a former occupant whose contract was in force before the commencement of this section is required under the contract to pay a specified amount for the cost of refurbishment of the residential premises concerned on permanently vacating those premises, the former occupant--

(a) is not required to pay an amount in excess of the specified amount (regardless of the actual cost of the refurbishment), and

(b) if the actual cost of the refurbishment is less than the specified amount--is required to pay only the lesser amount.