Retirement Villages Legislation
Each Australian State and Territory and New Zealand has enacted specific legislation that regulates the operation of retirement villages. The main purpose of the legislation is to protect the interests of residents and prospective residents. This is generally achieved by:
imposing a heavy disclosure burden on operators
prescribing various matters that either must or must not be included in the legal documentation
regulating some (but by no means all) financial matters
establishing mechanisms for resolving disputes.
The legislation in each jurisdiction is different and has its own definition of what is and what is not a retirement village. This is important because a village that falls outside the definition will generally not be regulated by the legislation. The definition...