Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The operator of a retirement village must have the residents' consent for the spending stated in the proposed annual budget for the village.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability offence.
(3) The operator must give any information in relation to the proposed spending that the residents committee for the village (or, if there is no residents committee, a resident) reasonably asks for, for deciding whether to consent to the budget.
(4) Without limiting subsection (2), it is reasonable for the residents committee or a resident to ask to see quotations for any work proposed to be carried out, or for any service or facility proposed to be provided, at the village.
(5) The residents must, within 30 days after receiving a request for consent to a proposed annual budget (or an amended budget)—
(a) meet, consider and vote on the budget; and
(b) tell the operator whether they consent or do not consent to the budget; and
(c) if the residents do not consent to the budget—state which item in the budget they object to.
(6) The residents are taken to have refused to consent to the budget—
(a) if the operator fails to seek the residents' consent to the budget; or
(b) if the residents fail to tell the operator whether they consent or do not consent to the budget.
Note Fail includes refuse (see Legislation Act, dict, pt 1).
(7) If the operator operates more than 1 retirement village, the operator must deal with each village separately under this section.
(8) Subsections (1) to (5) do not apply, and the residents are taken to have consented to the proposed annual budget, if the amount of the recurrent charges payable by the residents—
(a) has not been amended; or
(b) has been amended in accordance with section 148 (1) (a) (Amendment of recurrent charges) or section 149 (4) (Recurrent charges amended by fixed formula).