New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 51

51 Amendment of village rules

(1) The operator of a retirement village must propose an amendment to the village rules if--

(a) a minimum of 5 residents, or 10% of the residents, (whichever is the greater) of the village (or, if the village has fewer than 10 occupied residential premises, residents from a majority of the occupied residential premises), or

(b) the Residents Committee of the village,

requests the operator in writing to do so.

(2) The operator may propose an amendment to the village rules even if there has been no request under subsection (1).

(3) A proposed amendment is not to be made unless the residents of the village, by a special resolution, consent to the amendment.

(3A) The operator of a retirement village is to notify the residents of the village of the outcome of any vote taken to obtain the consent of the residents of the retirement village under this section within 7 days after the operator of the retirement village becomes aware of the outcome of the vote.

(4) If consent is given, the amendment takes effect 7 days after the date on which the special resolution concerned is notified to the operator (or from such later date as the resolution may specify), unless the operator, within that period of 7 days--

(a) makes an application to the Tribunal under section 52, or

(b) seeks the residents' consent to an amendment to the approved annual budget (if any) under section 53.

(5) An operator who receives a request under subsection (1) must call a meeting of the residents of the village, to be held no later than 28 days after the receipt of the request, for the purpose of considering a special resolution concerning the proposed amendment.

(6) Nothing in this section prevents the Tribunal from making an order under section 54 modifying or setting aside a village rule as amended.

(7) For the purposes of this section, an amendment to the village rules includes the following--

(a) a variation of a village rule,

(b) the addition of a new rule to the village rules,

(c) the omission of a village rule that is in force.