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Annual meeting of retirement village residents
The retirement village manager must hold an annual meeting of residents. Information provided must include:
1. a statement signed by the owner of the retirement village land, which must detail:
- refundable ingoing contributions – whether contributions that should have been paid out over the past 12 months were paid in full and according to requirements. The statement must give reasons for any failure to do so
- debt management – whether the owner is aware of any reasons why the village will not be able to meet its debts during the next 12 months, and why.
2. a financial statement that details:
- the previous 12 months’ income and expenditure
- any provision for future extraordinary or major works
- anticipated expenditure on goods and services for the next 12 months
- any proposed increases in maintenance charges to be paid by residents
- any special levies residents may be asked to pay.
The financial statement must be audited, unless residents have agreed by special resolution at the previous annual meeting to waive this requirement. A special resolution requires the support of at least 75 per cent of residents.
3. a report on internal complaints and disputes during the past year, including:
- the number and types
- action taken to resolve these complaints and disputes
- their outcomes, and
- any changes made or proposed to address issues identified as requiring a broader response.
For more information about dispute resolution, view our
Resolve disputes in your retirement village section.
Where there is an owners corporation in the retirement village
The requirements of both the Retirement Villages Act 1986 and the Owners Corporation Act 2006 relating to annual meetings must be met.
For more information about owners corporation annual general meetings, view our Owners corporation annual general meeting page.
Retirement village residents’ committee
No owners corporation
When there is no owners corporation, the retirement village residents may elect a residents’ committee to represent their interests. Some residents’ committees are involved with the management of services, organising outings and recreational activities or helping to resolve minor disputes. Residents may also choose not to have a residents committee.
All residents can stand for election to the residents’ committee. Committee members hold office for one year from the date of the election, and may be re-appointed.
A committee member can also be removed from office by a special resolution passed by a meeting of residents. A special resolution requires the support of at least 75 per cent of residents.
Residents’ committees establish their own meeting procedures and decide how often to meet. They can also call a meeting of all residents at the retirement village.
When there is an owners corporation:
- the owners corporation has the legal powers of a residents committee under the Retirement Villages Act 1986, in addition to its powers under the Owners Corporations Act 2006
- owner residents are automatically members of the owners corporation. They have the right to attend owners corporation meetings and stand for election to the owners corporation committee.
For more information about the operation of owners corporations, view our Owners corporations section.
Voting proxies in retirement villages
If you cannot attend an annual meeting or committee meeting, you can appoint a family member or any other trusted person to represent you. This person holds your voting proxy and their vote is counted as if it were yours.
Retirement village managers, their close associates or a person nominated by the village manager cannot hold a resident’s voting proxy unless the resident is a relative. Any such proxies that existed in the past are now invalid.
Retirement village rules
A retirement village without an owners corporation can have rules or by-laws, but this is not mandatory.
If a retirement village does have rules, a copy must be included in the residence documents provided to you before entering the village. For a list of documents that a retirement village operator must give you, view our
Before you sign a retirement village contract page.
Retirement village rules relate to the use, enjoyment, control and management of the retirement village. The rules usually deal with:
- visitors and guests
- noise
- security
- pets
- garbage disposal
- car parking
- restrictions on the use of services and facilities
- the external appearance of residents’ premises
- gardening and landscaping.
Changing retirement village rules
You can only create, change or revoke retirement village rules by special resolution, which requires the support of at least 75 per cent of residents. This does not apply if your retirement village has an owners corporation. For more information about the operation of owners corporations, view our Owners corporations section.
Retirement village rules must comply with Commonwealth or Victorian laws - for example, they cannot contravene privacy or anti-discrimination laws.
Powers of attorney in a retirement village
A power of attorney enables you to appoint a family member or trusted friend to manage your legal and financial affairs, if you become ill or travel overseas.
Until 30 January 2006, the law allowed residents’ powers of attorney to be held by the village manager, or a close associate or a person nominated by the manager. This is no longer permitted.
A retirement village manager, their close associate or a person nominated by the manager cannot hold a resident’s powers of attorney, unless the resident is a relative of the manager.
However, any such powers of attorney that existed before 30 January 2006 will not change.
Last updated: 30/04/2012