In addition to the conditions contained in the residence contract (explained HERE), retirement villages will also have village rules or by-laws. These rules form part of the contract and are enforceable.
Village rules or by-laws are created to:
- Protect the interests of all residents;
- Ensure all residents have peace and quiet enjoyment of their accommodation; and
- Ensure the efficient and fair operation of the village.
Village rules are different to the terms and conditions contained within your residence contract in that they are typically more specific to the village. For example, village rules would include operating hours for the gym, pool and other facilities, where you can park, rubbish days, etc, whereas your residence contract would cover off broader rules such as access rights, maintenance and obligations in line with the state retirement villages legislation.
Make sure you obtain a copy of the by-laws, read and understand them.
Village rules can be changed, as per the provisions of the state retirement villages legislation. For example, in New South Wales residents can propose changes by way of a vote and village rules take precedence over residence contracts! In Queensland, village operators can change village rules, however residents can only propose changes to village rules which may or may not be agreed to by the operator. Residence contracts take precedence over village rules in Queensland.
In Victoria, a change to a village rule or by-laws requires a vote of residents.