Retirement Villages Articles

In a previous article I discussed the importance of the residence rules (“Retirement Village Residence Rules – What You Should Know“). I’d now like to discuss what happens in the situation where there has been a breach of the residence rules but the breach is allowed to continue – where enforcing the rights of retirement… Read more »

If you are considering moving into a retirement village you should carefully consider the residence rules. All residents are entitled to peaceful enjoyment of their retirement village unit. The units are located in close proximity to each other therefore it is imperative that the residents have regard to the comfort and peaceful co-existence of their… Read more »

Retirement villages provide accommodation for older people who wish to live independently but in a communal setting. It is important to understand that a retirement village is not an aged care facility and is not suitable to accommodate people with dementia or other illness where a high level of care is required.  Residents who become… Read more »

A Retirement Village Deferred Management Fee (“DMF”) is the single largest expense associated with a retirement village contract. Because it is such a large expense it needs to be properly understood. What is a Deferred Management Fee? The DMF is the fee charged by the retirement village operator to generate income. That income is used for… Read more »

Retirement Village Disputes

by | Retirement Villages

Retirement Village disputes will inevitably arise from time to time. It is a byproduct of communal living. The disputes can be between the residents or between the residents and the retirement village operator. The residence contract will set out the procedure for resolving these disputes. Retirement Village Disputes between neighbours The Residence Rules, which form… Read more »

Is it necessary to obtain legal advice before signing a Retirement Village contract? A prospective resident will notice a statement on the Retirement Village contract documents recommending that legal and financial advice be obtained. This statement must be included to comply with South Australian legislative requirements (Retirement Villages Act, 2016 – s21(2)(c)(iii)). The statement alludes… Read more »

Retirement Villages are increasingly becoming a preferred mode of accommodation for senior Australians.  In South Australia the Retirement Villages Act 2016 came into force on 1 January 2018. The new Act sets out the rights and obligations of residents and retirement village operators, and specifies information which must be provided to a prospective resident in… Read more »

In July 2017 the New South Wales government announced an inquiry into retirement village operators. The focus of the inquiry related to certain charges embedded in the residence contracts. The main area of concern was the Deferred Management Fee which arose on the residents’ exit from the village. We are aware of one instance where… Read more »

What is a reseal of a grant of probate? Usually an executor will apply for a grant of probate or letters of administration in the State where the deceased person was residing when they died. Generally, this will also be the place where the deceased held most of their assets. However, if the deceased owned… Read more »