New South Wales Consolidated Acts

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RETIREMENT VILLAGES ACT 1999 - SECT 38

Condition report for certain residential premises

38 Condition report for certain residential premises

(1) The operator of a retirement village must not permit a prospective resident of the village to occupy residential premises in the village unless the operator prepares, and gives to the prospective resident, a report relating to the condition of the premises at the commencement of the prospective resident's occupation of the premises (a
"condition report" ).
(2) A condition report must take the form prescribed by, and must be completed in accordance with, the regulations.
(2A) Without limiting subsection (2), the regulations may make provision for, or with respect to, the following--
(a) the time within which the condition report must be completed,
(b) the time within which the condition report must be provided to a prospective resident.
(3) The operator of the retirement village must annex a copy of the condition report to the first village contract that the prospective resident enters into with the operator.
(4) If, after the commencement of this section, the operator permits a prospective resident to occupy residential premises in contravention of this section, the operator is prohibited from recovering any payment or other compensation for any alleged damage occurring to the premises during their occupancy by the prospective resident concerned.
(5) This section does not apply if--
(a) the prospective resident is to occupy the residential premises together with a resident who is already in occupation of the premises, or
(b) the prospective resident is, or will be, a registered interest holder in respect of the residential premises that the prospective resident intends to occupy.



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