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RETIREMENT VILLAGES ACT 1999 - SECT 20
Copies of certain documents to be available
20 Copies of certain documents to be available
(1) The operator of a retirement village must have available at the village or
at a place of business in New South Wales, for inspection at all reasonable
times by a resident or prospective resident or a person acting on behalf of a
resident or prospective resident, copies of the following-- (a) a site plan
for the village,
(b) plans showing the location, floor plan and significant
dimensions of residential premises available in the village,
(c) the
proposed annual budgets (if any) and the approved annual budgets for-- (i)
each of the last 3 financial years of the village, and
(ii) the current
financial year, and
(iii) the next financial year (if budgets in respect of
that year are available),
(d) the accounts for the village, audited if so
required under Division 6 of Part 7, for the last 3 financial years
(excluding, during the first 4 months of a financial year, the immediately
preceding financial year if the accounts for that year are not available),
(e) examples of all village contracts that an incoming resident may be
required to enter into,
(f) the trust deed for any trust fund into which
money paid by the residents is deposited,
(g) the village rules,
(g1) the
asset management plan for the village referred to in section 101A,
(h) the
terms of the development consent, if any, for the village, but only if-- (i)
construction of the village is not complete, or
(ii) it is a condition of the
development consent that a particular service or facility be provided for the
life of the village,
(i) if there is a capital works fund established for the
village--statements of the balance in the fund as at the end of-- (i) each of
the last 3 financial years of the village, and
(ii) the most recent quarter,
(j) if the operator is required to provide the residents with quarterly
accounts--the most recent quarterly accounts of the income and expenditure of
the village,
(k) such other documents relating to the village, and to
retirement villages generally, as the regulations may prescribe.
: Maximum
penalty--50 penalty units.
Note : Section 197 prohibits an operator of a
retirement village from charging for the provision of these documents.
(2) If
the village has been in operation for 3 years or less, the documents referred
to in subsection (1) (c), (d) and (i) must relate to each financial year that
the village has been in operation.
(3) The operator must give (or, if
requested to do so, send by post) a copy of any document referred to in
subsection (1) (a)-(j) to any resident or prospective resident (or a person
acting on behalf of a resident or prospective resident) who requests it. The
operator must give or send the document no later than 7 days after receiving
the request. : Maximum penalty--50 penalty units.
(4) If the operator of a
retirement village-- (a) fails to have the documents referred to in subsection
(1) available for inspection as required by that subsection, or
(b) fails to
comply with a request under subsection (3),
a resident or prospective resident
(or a person acting on behalf of a resident or prospective resident) who
wishes to inspect the documents, or who made the request under subsection (3)
(as the case may be), may apply to the Tribunal for (and the Tribunal may
make) an order directing the operator to comply with the relevant requirement
of this section.
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