A retirement village can have by-laws, but this is not compulsory. By-laws bind residents but do not bind the operator or proprietor of the village.
If a retirement village has an owners corporation, it will have owners corporation rules. Find more information about rules for owners corporations.
If a retirement village has by-laws, a copy must be included in the residence documents provided at least 21-days before a resident enters the village. Operators must make a copy of the by-laws available to any resident upon request.
By-laws may be made about matters relating to the administration, use and enjoyment of the retirement village by residents, for example:
- Parking
- Pets in common areas
- Visitors, including overnight and short-stay visitors
- The use and operation of services and common facilities (including their restriction)
- Cleanliness, litter and rubbish
- Noise
- Smoking.
Village by-laws must not:
- unreasonably limit the keeping of a pet on a resident’s premises
- discriminate against anyone on the basis of a protected attribute under the Equal Opportunity Act 2010
- be inconsistent with any retirement village laws or associated rules
- unreasonably limit a resident's quiet enjoyment of the village
- be inconsistent with the rights afforded to residents under a retirement village contract
- be inconsistent with the rules of the owners corporation (if there is one)
- grant the operator or proprietor discretion without requiring them to act reasonably.
If a by-law does not comply with these requirements, or conflicts with any law or regulation, it is not valid and residents don’t have to comply with it.
Changing retirement village by-laws
Residents can only create, change or revoke retirement village by-laws by special resolution. This requires at least three-quarters of residents voting at a meeting, with at least 21 days' written notice.
For more information on passing resolutions at meetings go to Annual meeting and village governance.
For more information about the operation of owners corporations, go to Owners corporations.