RESIDENCE CONTRACT
To live in a registered retirement village, you must enter into a residence contract. The contract includes information about your rights and responsibilities when living in the retirement village as well as those of the operator.
When you sign a contract, the operator must have already supplied you with a VCD and a PCD and the village by-laws. The scheme operator must give you a copy of your signed contract.
By law, an operator must register the retirement village before entering into a contract. Residence contracts for unregistered retirement villages are unenforceable and can be terminated. See our list of registered retirement villages in Queensland
What information is included
The residence contract must include:
- the start and end dates of the cooling-off period
- your right to withdraw the contract before the cooling-off period ends
- the ingoing contribution amount
- the exit fee payable under the contract
- the resident’s exit entitlement
- the services charges, the amounts payable and when they are due
- the insurance for the retirement village, and insurance for which the resident is responsible
- any conditions on living in the village that the resident needs to be aware of and agree to
- the resident’s right to resell their right to reside in the unit
- the resident’s entitlement to audited and unaudited financial statements for the village
- the dispute resolution process
- the operator’s and resident’s rights to terminate the contract
- the funds the scheme operator is required to keep
- the retirement village facilities and land
- whether the operator and resident are to share in any capital gain or loss, and how it is to be shared
- any other matters prescribed by regulation.
The Retirement Villages Regulation 2018 may prescribe a term that must be included in a residence contract (a required term) or that must not be included in a residence contract (a prohibited term).
Penalties apply to operators who enter into residence contracts that are not in the approved form, do not include required terms or include prohibited terms.