Living in a retirement village

Retirement village residents have certain rights and obligations. Villages will also have specific rules known as residence rules. This page outlines these general rights and obligations, village rules, and what happens if there is a of change of operator.

Village operators must comply with the Retirement Villages Code. It covers:

  • the information a prospective resident should be given;
  • the promotion and sale of villages and units; and
  • operation of villages.

Villages also have their own day to day rules, known as residence rules. These rules are not law, but your residence contract may require you to abide by them.

Residents rights 

You have the right to:

Privacy 

  • exercise self-reliance and autonomy in your personal, domestic and financial affairs
  • have your peace, comfort and privacy respected
  • decide what possessions to have in your premises

Accommodation and services

  • live in a safe and secure village
  • live in an environment that is free from harassment or intimidation
  • have access to any services, health care and facilities listed in the contract
  • have requests for repairs and maintenance responded to within a reasonable time

Information and consultation 

  • be a part of residents’ committee
  • have input into financial decision making
  • have input into any major changes to services, rules or fees
  • access any information about you held by the operator
  • appoint someone to receive notices and documents on your behalf e.g. family member or enduring power of attorney.

Dispute resolution

  • have access to formal dispute resolution process.

Exit entitlements 

  • payment of a portion of your original ingoing contribution when you leave as stated in your contract.

Resident responsibilities 

You also have obligations to:

Respect others 

  • respect the rights of other residents, visitors and staff
  • not interfere with the peace, comfort, or privacy of other residents
  • not act in a way that negatively affects the occupational health and safety of village workers
  • respect the rights of the operator, employees and agents to work in an environment free from harassment and intimidation

Fees and charges

  • pay ongoing fees and charges as outlined in your contract.

Village rules

  • comply with the village rules 
  • make sure anybody you invite into the village follows the rules

Care of property 

  • not intentionally or recklessly cause property damage or injure anyone
  • look after your own unit and any gardens or balcony listed on your contract
  • report any maintenance or safety issues to the operator 

Leaving notice 

  • if you are planning to leave, provide the required notice as outlined in your contract

Other rights when things change in a village 

New partners

Check your contract and village rules about new partners. Some rules may allow a new partner to live with you temporarily or permanently.

Village operator changes

Retirement village residents cannot be evicted if a retirement village changes hands. New village owners are bound by any existing contracts.

Operator insolvency 

It is strongly recommended you get legal advice to understand your rights if the village operator becomes insolvent.

These rights and obligations are set out in the:

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