New South Wales Consolidated Acts
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RETIREMENT VILLAGES ACT 1999 - SECT 53
Operator's concern that amendment will impose additional cost
53 Operator's concern that amendment will impose additional cost
(1) If the operator of a retirement village considers that an amendment to the
village rules to which the residents have consented under section 51 will
impose a cost on the operator additional to that allowed for in the
approved annual budget, the operator must seek the residents' consent to an
amendment to the approved annual budget.
Note : Division 5 of Part 7 provides
for proposed and approved annual budgets. Section 117 allows an operator to
seek the residents' consent to an amendment to the approved annual budget if
unforeseen requirements for expenditure arise.
(2) Section 115 does not apply
to or in respect of a consent sought under this section.
(3) If the residents
refuse to consent to the amendment, the operator may apply to the Tribunal for
an order in relation to the proposed amendment to the approved annual budget.
(4) On application to it under this section, the Tribunal may, after
considering the circumstances of the case, either--
(a) order that the
approved annual budget be amended as specified in the order, or
that the approved annual budget not be amended.
(5) On making an order under
subsection (4), the Tribunal may also--
(a) order that the proposed amendment
to the village rules is not to take effect, or
(b) order that the proposed
amendment to the village rules (or the proposed amendment modified as
specified in the order) is to take effect from the date specified in the
(6) This section does not apply in respect of a retirement village
where the residents have consented under section 112 (7) to not being supplied
with a proposed annual budget.
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