New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 53

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

(b) order 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 order.

(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.