Disputes may happen occasionally when living in a close community. It can be between:

• two or more residents
• resident/s and the village operator
• resident/s and the village committee
• village committee and the village operator

Many disputes are just misunderstandings. They can often be handled with open and respectful communication. Sometimes the other person is unaware of the problem and is happy to help to find a solution.

If there is a conflict in your village, try these steps to resolve it:

Try to resolve it together first 

• Talk it out together: Explain the problem and how you feel. Do not make personal or attacking comments.
• Listen to the other side: Give the other person a chance to respond. Listen carefully to their view.
• Check the village rules: The village rules may cover information about the problem e.g. keeping pets, number of car parking bays, etc.
• Be respectful: Try to stay calm. Keep the discussion focused on the problem, not the person.
• Take notes: Document all details of the discussion, including dates and times.
• Get help: Ask the village manager, WARVRA or an independent person to mediate if you need help.

Try the formal dispute process 

Each village must have a documented dispute resolution process. This must be available to all residents.

The formal process can be varied if the operator agrees and the changes are approved by a special resolution at a residents' meeting.

Any village process must include the following steps:

Making the complaint - Notice of dispute: 

• Write to the people involved in the dispute. Explain the problem and ask them to address it.
• Write to the village operator to let them know about the dispute.

Response from the other party 

The other party must write back:

• within 10 working days
• acknowledging the dispute notice
• including any reasons for rejecting the complaint and their responsibility in solving the problem.

Village operator response 

The village operator must:

• respond in writing to confirm they have received the dispute notice and understand the solutions being sought.
• must nominate a neutral person to help resolve the dispute.
• Document the dispute process. This means making notes of all meetings, discussions, and written correspondence.

Selecting the nominated person 

The nominated person should:

• not be involved in the matter
• be impartial to both sides of the dispute
• be given all relevant documents and information about the dispute

Resolution meeting 

The nominated person must organise a meeting within everyone involved in the dispute.

The meeting must be held:

• within 20 working days of the dispute notice, unless a later date is agreed on
• at any place agreed to by everyone involved.

A support person can be brought to the meeting. The other the other people involved in the dispute must be informed of the support person’s name before the meeting.

Confidentiality

Anything said, done or written during the dispute process is confidential. Nothing can be shared without everyone’s agreement.

Mediation

If the dispute resolution process is unsuccessful, you may wish to lodge a complaint with Consumer Protection. You can complete the online complaint form.

Any unresolved matters can be referred to the Commissioner for Consumer Protection or, in some cases, the State Administrative Tribunal.

Resources

Further details about dispute resolution and mediation is available from  Guidelines for retirement village dispute resolution.